Legal Question in Family Law in Kentucky

Re: Guardian or parent

It appears to be a common belief that someone more than 5 years the senior of a youth who is 16 or 17 and having sex is against the law in Kentucky. It is not. The age of consent in Kentucky is 16 and the other person can be 116 (which would land them on Jerry Springer, but not in jail) as long as they are not the close relative or foster parents of that youth. This assumes that the youth is not incapacitated by some other mental or physical impairment.

However, if by "being with" you mean the 16 year old is living with the older boy, then you are dealing with a whole different set of laws than the rape laws. Guardianship is not the same as custody and can typically be revoked by the parent. You may run the risk of committing custodial interference if you help this youth go live with her boyfriend.

This is for information purpsose only and does not create an attorney client relationship. The information is based solely on the facts you provided.