Legal Question in Family Law in Kentucky

alleged alligation

a woman who has custody of my grandsons half sister but is no blood relation is trying to use sexual misconduct to intimidate the natural father and grandparents from seeking custodya. This was sibling wrestling and an accident but she never reported it to the authorities or anyone. She is using this as a treat. There is only 4 years between the kids. one is 5 and my grandson is 9 and has cerebral palsey. The freternal grandmother and myself,( his maternal grandmother) and legal gardian have reported it to the child protection services, because she should not be making alligations as a power play and we welcome. His sister just started kindergarden at his school and the daycare he was attending after school at school on a schalorship was taken from him because the owner of the daycare found out the woman that has custody of the little girl works for the BOE and told her she didn't want calay around his sibbling. My grandson is very upset because he doesn't understand why he can't go. I have been unemployed and now it is effecting my ability to get a full time job also. Can she just say I'm taking back the scholarship? Isn't that some type of descrimination and defimation of his charactor when she has not reported it or proved it


Asked on 8/13/08, 5:14 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: alleged alligation

There are several things tied up together here. First, it is important to go ahead and seek custody because after this person has held custody for a period of time, she could be considered a de facto custodian with equal standing as the parents.

Second, if she is making false statements knowingly or recklessly, that are damaging, then an action for defamation can be pursued.

Third, the scholarship issue will largely depend on any written terms, but even there are some legal doctrines that might keep her from removing the scholarship. You would need to meet with a lawyer to figure out what arguments may apply.

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Answered on 8/14/08, 10:19 am


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