Legal Question in Family Law in Kentucky

Re: Child Custody

Paarents are preferred over non-parents. If your in-laws are reluctant to transfer custody to you, you should find a good local attorney who is familiar w/ family law issues. Assuming you can prove "For the last five years I have been his primary caregiver and he has lived in my house" you have a good shot at custody, but there is no such thing as "easy" in custody matters. Keep your eyes on the prize, which is your son's best interest, and best wishes.

Re: Child Custody

I'm afraid there is nothing "easy" with family law matters. Look at http://www.lrc.ky.gov/legresou/legres.htm for KRS 403.270, 403.340 and 403.350 for all the factors and requirments involved. Most likely, the judge will view this as an original custody action subsequent to the divorce but it is possible to look at it as a custody modification from the custody your in-laws have. This may turn on whether the custody they had was considered temporary or permanent.

If you have actually been the primary caretaker for 5 years then you have a leg up on everyone else. The standard the judge will use is called "best interest" and that leaves a lot of wiggle room. Therefore, it is not a slam-dunk that you will get custody.

Since your in-laws have left the child with you, perhaps you should approach them with the idea of voluntarily giving your legal custody through an Agreed Order. Then the custody dispute would only be between yourself and your spouse.