Legal Question in Family Law in Kentucky

The short answer: No, not unless there has been a termination of the mother's parental rights, or the mother either agrees or does not contest your custody.

So long as the child's biological mother retains parental rights, she has standing to move for custody. Even though your husband has sole custody, if he did not move for an involuntary termination of the mother's parental rights, then she still has rights over yours. You certainly have an argument to make that you have been the child's de facto custodian, as the child's stepmother. However, that would really only give you visitation rights, if the biological mother showed up wanting custody.

If the mother does not exercise visitation, and does not pay child support, then there might be a basis for terminating her parental rights. In which case, you could legally adopt your stepchild, and then, under the law, you would be on equal standing with your husband as the child's legal parent and you would never have to worry that if something happened to your husband that the child would be taken from you.

I would suggest consulting with a local family law attorney about the matter so that you can go over all of the facts of your case and plan the best course of action.