Legal Question in Family Law in Kentucky

Re: custody

More information is needed to give a definitive answer to your question. How did he come by custody? Was it through a divorce action, EPO, action by the Cabinet for Health and Family Services?

Also, is the custody a temporary order or a final order of custody?

Without knowing those details, I can only provide some general information. If you and this man were married at the time of your youngest child's birth, then he has parental rights regardless of his status as biological father.

Also, if you ever acknowledged him as the father of the child, then he has status as a putative father.

Most likely, you will have to challenge his paternity and request DNA testing, all of which will take time.

If the custody of the child was a result of action by the Cabinet under KRS 610 and 620, then you may be able to file a motion for immediate entitlement. However, if your only reason is the question of paternity, the result would be the same as above and you will have to wait for paternity results.

In most scenarios, the answer is "No", you won't be able to immediately get him back short of showing that his is seriously endangered where he is at.