Legal Question in Family Law in Kentucky
chid temporary custody in 2003
mother n lives nin OH. it is a temporary custody order. Mother is on s.s. and disability, she agreed to sighn over temp. custody in 2003. it is now 2007 and she would like to have her back.she took this action in atempt to do what she thought was best for her kids welfare.although she is not out of the woods yet as to what led up to her decision to do that in 2003 she is much better.but not probably well enough to keep her full time. the people who have here are trying to get her to sighn over the kid full rights to stangers to the mother.the mother wonders if she would not be better off getting her back and go ahead and involve her in the system in OH. However diminished the contactwould be through oh child welfare would be. it would have to be more than what she gets now. she is unfairly be prosicuted by these people in ky, because she is mentaly ill . my uestion is can she get this kid back out of the state of ky.? perhaps remand her over to the children services. Till she get well and gets a fair shake to get her kid back ?how long is a temporary custody order in the state of ky.?what are her right's?
1 Answer from Attorneys
Re: chid temporary custody in 2003
I am assuming that the temporary custody was actually entered as an order with a court and that this was done in Kentucky. Social services (child welfare) would not get involved unless the child is neglected, abused or dependent in the home she now lives in. You can't "remand" a child over to the State. If the family the child is with now is either neglectful, abusive or cannot care for the child any longer, social services would investigate.
Now, assuming the child is well cared for, it would be just plain mean to try to take her and put her in foster care. Furthermore, no judge would order that to happen. Any change in custody must be for the benefit of the child.
What the mother needs to do is file for a modification of custody under KRS 403.350 & 403.340. In Kentucky, Temporary Custody is not temporary in the sense of time - it lasts until another order is issued regarding custody. Many common words, like "temporary", do not have a common meaning in law, that is why lawyers get paid so much - they have to speak English and legalese. But I digress . . . the mother would be well advised to get a lawyer to go over the specific details of the case. Just from what facts you have given me, it is unlikely that she would win custody, but there may be other facts that need to be considered.
The standard for modifying custody is if it is in the child's "best interest". This can be very broad concept and is based on many factors and the parent's wishes is only one such factor.
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