Legal Question in Family Law in Kentucky

My 24 yr old daughter who has been in jail twice for drugs has two kids. I'm her mother and I have limited guardianship of one of the kids and joint custody with her of another. The kid that I have joint custody has been with me since he was born, she was 16 yrs old when she had him, he is now 8 yrs old. In 2006 when my daughther got arrested again, I had a car wreck and my injury lawyer filed a petition for me to have guardianship over my grandson's lawsuit because he was injured in the car wreck. The other child is 4 yr old she has been with me and her mother. Her mother left her with me in 2007 when she got arrested. The mother and the father of the 4 yr old both were in jail. Both parents gave me limited guardianship. My daughter just got out of jail 2 weeks ago and now has moved to a different city and wants to get her kids. Please keep in mind the 4 yr old has seen and done somethings that a 4 yr should not see or be doing. I want to know how I can protect these kids from her messing up their lives? Does she have the right to take them? What are my rights as their grandmother? Do I need to do anything different?


Asked on 3/31/10, 8:01 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Your daughter has the right to take the child where you have only guardianship. She would need to file a motion, however, to take the child where there is joint custody with her. You would be wise to go ahead and file a pre-emptive motion with the court to determine that you are a de facto custodian of the 4 year old and move to obtain custody of that child also. Simultaneously file a motion to have only supervised timeshare for the 8 year old.

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Answered on 4/05/10, 9:05 am


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