Legal Question in Family Law in Kentucky

i am in acustody battle for a 3 year old little boy who i am not related to .the mother left him with me when he was 7 months old and only saw him a few times after that for6 months. we decided to fight for custody because we had grown to love the child. the mother fought us and we were givin custody fro almost a year. at the reqeust of child welfare the mother was givin custody and we were givin weekend visitation until we could get a court date in family court.9 days before our court date the mom abused him and his 7 month old sister. the stae removed the children for the home and placed them in foster care.also freezing our visitation. we are still waiting for a new court date. is there anything wqe can do to get him back. we had also been trying to get them removed before this happened because of abuse and the social worker did not find any abuse until this incident happened even though we had reported abuse for 4 months even taking him to the hospital for this


Asked on 11/21/10, 8:50 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

Really, what you need to do is get a lawyer. Each jurisdiction is very different when it comes to family law in Kentucky, and you need an attorney who practices regularly in that county. I'm not certain why you should be "waiting for a court date" unless your particular judge has an issue with setting dates. Where I practice, you notice a motion and request a court date and you get one. Perhaps you don't have a family court judge, you have a domestic relations commission handling such things? Ergo, why you need a local attorney who knows your local rules.

Also, there really aren't enough facts here to make a recommendation about what steps your attorney should take on your behalf. From what you describe, you have standing as a de facto custodian to seek custody, and if Mom really has abused the child, sounds like she is not likely to prevail even if the Cabinet was previously on her side.

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Answered on 12/07/10, 8:27 pm


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