Legal Question in Family Law in Kentucky

I am the father of an 18 year old son who is a high school senior in the state of Kentucky. I have sole custody, his mother is incarcerated. Two years ago I moved to a new county one county over. My son decided that he would like to remain in the county where he attends school to finish high school. Upon my sister's suggestion my son moved in with my sister who lives in his school district. We made no formal financial arrangement for his care. I provide insurance coverage, school clothing, lunch money etc - my sister has claimed my son on her taxes during this timeframe. My sister is now threating to file for child support for my son. Can she be awarded custodial rights of my 18 year old son or be awarded child support by the state?


Asked on 9/19/12, 7:45 pm

1 Answer from Attorneys
Bryan Gowin Bryan Gowin Attorney at Law

This is not an easy question to answer and is most likely dependent on the judge's decision and opinions. There are claims that could be made that she is just like a parent, called "de facto" custody, but this most likely would not work as it does not appear she has been the primary caregiver of your son for over one year since you are providing some support. A judge might be able to award her custodial rights and support based on some type of theory that you and she agreed, but i think it is doubtful, especially given that you are provided health insurance and other financial support. Regardless, assuming your son graduates in June, there are only several months before her ability to ask the court for said relief would cease to exist.

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Answered on 9/20/12, 5:44 am


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