Legal Question in Family Law in Kentucky

In 2005 I was divorced and I had custody of my 3 and 5 year old.In 06 due to financial difficulty and being extremely mis-led by my mother I signed a paper at her lawyers office assigning her as a"de facto custodian".Up until 08 I paid her child support and saw the kids,then mid 08 she decided to give them back to me where they have been since.my question is this,she was the one to enroll the kids in their current school in kindergarten and she gave them a guardianship paper at that time.Even though I have been the one to fill out the paperwork and enroll them every year since then(they are now in 4th and 6th grade)they tell me in order to take them out of that district I need to show them proof I am their legal guardian?my mother and I have never gone back to court or anything,and she has had no problems with returning the kids to me or the care Ive given them the past 4 years,do we need to go to court?Am I not their legal guardian?What type of paper would I need proving I am?Would my divorce decree suffice?


Asked on 12/06/12, 5:42 pm

1 Answer from Attorneys
Bryan Gowin Bryan Gowin Attorney at Law

I suspect the school is asking for an Order of the Court that shows the children are residing with you. You and she can sign an agreement to that effect and present it to the judge. You could consult an attorney and have an attorney do this or try to do it on your own. Either way, as long as she is agreeable, this should not be difficult to resolve.

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Answered on 12/07/12, 6:24 am


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