Legal Question in Family Law in Kentucky
Grandparents Rights
Need to know what grandparents rights are when my daughter is living in unfit conditions with my granddaughter. She is not married but lives with the father of the baby. The living conditions are as follows: the live in a 1940's trailer that is roach, ant , and flea infested, no windows in the trailer have a woodburning stove that heats the trailer, etc. If you can please give me some legal advice on how to obtain temporary custody i would appreciate it. forgot to add that the father is very abusive. Thank you, TMS
3 Answers from Attorneys
Re: Grandparents Rights
I have read the responses from the other attorneys and would just say that I concur, especially regarding the recommendation that you call the Cabinet for Famililes and Chjildren to investigate. The local number in Louisville is 595-4550.
Best wishes.
Re: Grandparents Rights
The only right that a grandparent has is the right to seek visitation by filing a court action. There are no visitation rights as such. The Court has to balance the right of the parent to determine who the child sees with other factors, the most important of which is what would be in the child's best interest. The first thing would be to seek advice from local counsel. There is always the possibility that your grandaughter might voluntarily give you custody. As a last resort,and if the situation is such that you have a legitimate fear that the child's welfare is in danger, you could always contact the Cabinet for Permanency and Protection (or whatever their current name is-it seems it change weekly). FIRST, you should seek advice from a local attorney who is in tune with the local flavor of things.
Re: Grandparents Rights
If there is immediate danger, call the Cabinet for Families and Children (each county has a local office) and file a report of suspected abuse/dependency/neglect. They will investigate and if they find a serious condition, they will remove the child and seek to place the child with family as a first resort, or will place in foster home if no family is available. If you get the child, then you may be able to file for custody as "de facto" custodian after a period of time. Otherwise, you have no rights currently to file for "custody", only limited visitation rights. Call a local attorney to walk you through it. Good luck.