Legal Question in Family Law in Kentucky

Re: grandchild physical custody

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

Generally speaking, as guardian and custodian of your granddaughter, you are legally "in loco parentis" (a high-falutin' legal term for "in place of the parent"), and have all the rights as obligation of a natural parent.

You have an absolute legal right to direct the behavior of you granddaughter. Obviously, you would never make her do anything harmful to her welfare, but she needs to follow your instructions. It's not a good idea to use any physical punishment (spanking) on a girl that age, but you can remind her that if you report her to the county child welfare office as being "beyond parental control," she will have to explain her actions to a District Court Judge, and may end up in a juvenile detention center.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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