Legal Question in Family Law in Kentucky

child custody

I currently have my 7 yr old daughter with me for the summer school break. I was never married to her mother and there have never been any custody arrangements. I primarily raised her until she was 4yrs at which time her mother got back on her feet and began taking care of her. Over the last yr my daughters living conditions have become terrible.There are to many horrrible things to list here. During this visit she has told me that the ''adults'' in her house are using drugs again and she wants to live with me. Her mother has called now that the summer is over making threats. I called the local police station and asked about my legal rights and they informed me that I could keep her but once enrolled in school her mother could easily pick her up and remove her from my care. I can provide for my daugter financialy and emotionaly. I am terrified of what will happen to her if she returns to her mother at this time.

We have a budgeted income and do not have cash for a retainer fee. I went to childrens services and spoke with someone on the phone but they seemed unconcerned because there were no aligations of physical abuse. What can I do right now to keep my daughter? I will not break the law but do not understand my rights.


Asked on 7/27/08, 10:28 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: child custody

First, you are describing potential neglect and children's services is charged with investigating that. I recommend looking up the 1-800 hotline number and making a referral about neglect there (exposure to drugs, poor living conditions, etc).

You need to file a petition to establish custody. Right now, you are presumed to have equal custody as the mother, but you need to get this set in a court of law. You can file this petition on your own, but there are many legal twists and turns that are important to know about and so finding money for an attorney now may save you money and heartache down the road.

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Answered on 7/30/08, 3:41 pm


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