Legal Question in Family Law in Kentucky

Custody of Child Born Out of Wedlock in KY

My brother and his girlfriend had a child together. She was in the drug court system and was getting ready to be kicked out. She falsely believed that getting pregnant would keep her from going to jail. She was taken into custody while pregnant and then sent to a long term rehab facility. In rehad, she was staying in an apartment on the grounds due to her pregnancy. The baby was born in rehab and she was kicked out soon after. She was jailed for a while and snet ot a new rehab. The baby satyed with her mother at first and my brother took the baby for 2 days a week. Later they switched to half the week with the grandmother and half with my brother. Then it went to 2 days a week witht the grandmother and later occassional overnights but most a day visit only with the grandmother. My brother and our family have been the main provider of diapers, baby food, formula, baby clothes and furniture, etc. My brother has been ther one taking the baby to his doctor appts, etc. Initially, my brother lived with my parents but moved into his own home about 2 months ago and has a bedroom for the baby. The baby's mother is now out of rehab and they have tried to make things work but it does not seem possible. She is bipolar and is untreated and her mood swings are impossible to handle. What are the chances of him retaining custody? He wants to have her leave his house but is afraid she will try ot take the baby. How should he handle this?


Asked on 12/22/10, 8:04 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

You should contact a local attorney who practices in family court in your jurisdiction (meaning: the county in which the child resides). A local attorney who practices before your judge will be able to advise you on the best course of action.

It appears that your brother has been the primary caregiver of the child all along, even though the grandmother might have an argument for being a de facto custodian, depending on how long she was caring for the child/other factors. If he can prove in court all of the things you've mentioned, it sounds like he has a good chance of success in getting primary custody.

Read more
Answered on 1/02/11, 4:23 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky