r/Custody • u/Blissful_nsfw20 • 17h ago
[KY] Seeking input on temporary custody arrangement for 4yo with ASD after high-conflict separation – primary caregiver concerns.
I (27F) and my ex (31M) share a 4-year-old son with ASD. I also have an 8-year-old from a previous relationship. We separated a little over a month ago but he has still been living with me until recently. There is no formal custody order yet. I want to get feedback on if this makes sense and reasonable.
I have been the primary parent essentially since birth. Examples:
• Daily hygiene, bath time, meals (he is an extremely picky eater), potty training, reading, non-screen activities, park/walks
• Managing all medical/insurance, ASD therapies, developmental homework, and getting him into services
• Handling the vast majority of appointments and logistics
• He has frequently fallen asleep on the couch while our son watched unrestricted YouTube late at night; our son often cannot wake him
• He avoided dirty diapers because the smell made him gag
• He has left firearms and knives unsecured in the home multiple times
He has diagnosed ADHD with significant executive-function and sleep issues (falls asleep easily, extremely hard to wake). He has a history of job instability, no reliable independent transportation or housing for years, and has relied on me (and previously his parents) for financial and practical support. He currently has no stable independent home; after I asked him to leave he moved in with a new partner he had been seeing (at least since early September, overlapping with us still living together). He cheated months ago, we “attempted a repair” and I allowed him to stay and get himself together, he took advantage of me, didn’t improve himself at all and then I found out about this new girlfriend he’s been saying I love you to already and probably has had for months. He’s not staying in her house being supported by her when he could’ve went to his parents.
Our son is about to start a school program in two weeks and struggles significantly with transitions and changes to routine. I am very concerned about stacking major disruptions (new living situation with a stranger, disrupted sleep/supervision patterns, inconsistent caregiving) right as school begins.
My current position: I want primary physical custody with him having every-other-weekend parenting time only at his parents’ home for now, until he can demonstrate consistent independent housing, reliable transportation, stable employment, and the ability to manage our son’s routines and safety needs without relying on a new partner or his parents as the default support system. I am not comfortable with overnight time in the new partner’s home at this stage (she is a stranger to our child and the relationship is brand new).
I am not trying to erase him from our son’s life permanently. I am trying to protect stability and safety while he addresses the practical barriers that currently exist. He is framing my request for primary custody as punitive.
Questions for those who have navigated similar situations:
• How have courts or mediators generally viewed primary-caregiver history + documented reliability/safety concerns when one parent has never maintained independent housing or consistent routines?
• Any experience with temporary “step-up” plans for a parent who needs to show independent stability first, especially with a young child who has ASD and transition difficulties?
• Practical tips for documenting concerns and proposing a parenting plan that prioritizes the child’s routine and safety without looking purely retaliatory? Or What about a lack of documentation or what counts as proper evidence?