How do I file for custody of my2 children if I’m not divorced?

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How do I file for custody of my2 children if I’m not divorced?

I’ve been separated from my husband for almost 3 years, now he finally wants visitation with the children. I let him have the kids once for Christmas holiday and had to fight with him to get them back for school the next day. I fell horrible for limiting the visits to my home and would love for him to be able to visit them one on one. He keeps mentioning a notarized letter but those are useless. How do I file for custody and visitation when we aren’t divorced and have no attorney?

Asked on December 1, 2010 under Family Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your dilemma.  Since I am unfamiliar wit the Kentucky Court system I will tell you how things go in new York.  In New York, a parent can go down to Family Court and file a petition for custody and support of the children of a relationship - marriage or otherwise.  You will go down to whatever court is the same in Kentucky and file a Petition. Your case will be assigned a number and return date for court.  Then you will have to have your husband served with the Petition prior to the return date.  Then you will have to bring the affidavit of service back to court on the return date and then your case will be heard by a Judge.  You will have to lay out money for the process server.  It is a long process.  Good luck.


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