Legal Question in Family Law in Kentucky

Re: My Brother taking custody of my 3 children

This partly depends on what the situation is with the other parent(s) of your 3 children. If they are alive and not previously had parental rights terminated or a court deem them a danger to the child, that other parent has the right to assume care, custody and control of the child.

If the other parent does not contest your decision or is deceased, you can name your brother in a will as the person you wish to be guardian of the children. Kentucky Courts do not have to honor this but they do appoint that person as guardian nearly every time.

Once you pass away, the will is probated and your brother makes application for guardianship through district court.