Custody In KY

[JonesGA]

I want to file for custody for my son but my name isn't on the birth certificate.

I live in GA while my son's mother and my son live in KY.

I have been paying child support since 2007 he was born in 2005.

He has been getting into A LOT of trouble in school. Last year he was suspended from school 7 times!! This year is even worst. He has been written up 21 time since the school year started back in August. His teacher and guidance counselor have told me that they will give me any information I need to help him.

How do i file? Can I file? I don't have enough money for a lawyer. How can I file by myself?

[Davy]

I suspect you realize you need to file in KY and unfortunately it is likely the BM will retain physical custody no matter what and while not impossible,  it can become difficult, time consuming and expensive just due to transportation / motel expenses without considering legal expenses.

Hopefully you have maintained contact with the child on a regular basis and I'm wondering if it is possible to approach the BM with hat in hand and convince the BM to agree to allow a change in environment to GA for the child's welfare.  More substantial agreements can be formalized in the futrue. Perhaps you can for the time being continue to send 50% financial support to KY.  The main focus should be on the child and often a changed environment will help stabilize the child.

Of course you do not want to remove the child from KY without an certified agreement or, preferably a court order (signed by judge) which might be avail in the KY court house.  Others may have other advise.

[ocean]

The fastest/easiest way is to get mom to agree to let child come live with you for school year, and offer her most of the long vacations and summers. Offering some child support for the first year to help her pay her bills might work. How old is child? Have you seen child recently and would he be willing to live with you?

Also, if the school is serious about him in trouble, will they call cps for educational neglect? Then child protective services gets involved and "may" remove child to your care.

Court- You would have to go or get the forms from her state. Some have it online or call her family court house and ask where you get their forms. You would need custody, paternity, and parenting plan. You can ask for joint custody with child living with you during school year due to XX suspensions and mom having difficulty parenting child. This will be a long battle. You will out the papers, you  have to prove paternity first after first court date, then go back and fight the custody. You can file yourself and represent yourself. You can also ask that you go to mediation first to see if you two can work it out.

Right now in the courts eyes you are not legally child's parent so paternity is first.

Get as much documentation from the school as you can, all discipline reports, attendance records, etc,,,

[tigger]

Some of this depends on prior orders.  You've been paying CS since 2007 so I'm guessing there's been an order establishing that and perhaps a visitation order.  If so, what state holds jurisdiction? 

I'm not sure CPS would be willing to give custody to an out of state parent.  Not saying they won't just not real familiar with what they would do in that case.  Especially with the child only being 6 years old. 

[ocean]

I missed the age when I first read it. What is going on with this child, being so young and getting into that much trouble at school? Can you ask the school to send mom paperwork to have child formally tested so they can place him and come up with a program for him? Mom would have to sign the paperwork legally now, but maybe if the school had a meeting with her, she would sign and at least get child in the correct placement.

[tigger]

I missed the age when I first read it.

It was like a word problem in math . . . HACKded and not clearly stated.