Legal Question in Family Law in Kentucky

Full Guardianship of great-nephew

My neice moved in with her boyfriend and two weeks later brought her son from a previous relationship to live with my husband and I in February, and in March she voluntarily went infront of a judge and signed over full guardianship to me. She has since married and is now wanting him back and we go to court on June 18. What are my chances of being able to keep the child? She has had little contact with the child in this time and has not supported him in anyway. I am afraid of this child being abused as the new husband will not have anything to do with this child and he is very jealous of my neice and the child together. Please help!!!!


Asked on 6/13/04, 10:23 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Full Guardianship of great-nephew

This is the type of case where a face to face meeting with counsel is important. When you say that your niece "signed over full guardianship" you do not say if this was in District Court or Circuit Court or what type of proceeding it is. From the facts several issues arise: (1) The child has not been with you very long and this works in her favor; (2) She essentiallty abandoned the child and this may work in your favor; (2) if this is a District Court proceeding, she may very well be able to withdraw the guardiaship petition, and so on. The parent does have priorty to the custody of the child but other factors may operate that it would be in the best interest of the child to be with you. Your situation demands attention that cannot be given in this forum. PLEASE seek the advice of counsel even if it is for consultation only.

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Answered on 6/13/04, 8:41 pm


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