Legal Question in Family Law in Kentucky
Child support to grandparent
My ex husband and I have joint custody of our 15 year old daughter. She has done terrible in high school and her grandmother promised to provide a better education if she could come and live with her. Her grades remain to be bad. We send our daughter $190.00 ea. per month. Her grandmother is now threatening to take us to court for child support. Can she do this and the court make us pay child support through the court? We have legally signed over limited guardianship for medical and education. Can I make my daughter move back home since her grandmother is causing such an issue, especially since she continues to fail school?
1 Answer from Attorneys
Re: Child support to grandparent
This is for informational purposes only based on the facts as presented and does not imply an attorney/client relationship.
Kentucky provides for a person to be treated as a "de facto" custodian. For a 15 year old, the person seeking de facto staus must have provided the primary care for the youth for one year and must have provided the primary financial support for the youth for that same year. Once a person is determined to be a de facto custodial by a court, they have EQUAL STANDING as the parent(s) of the youth.
The grandmother can pursue child support through the courts, though obtaining back-dated support is unlikely. However, if she meets the criteria above, then she could end up winning both custody and child support of your daughter.
Guardianship can be revoked and, right now, there is no court order that would prevent you from retrieving your daughter.
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