Legal Question in Family Law in Kentucky

My husband and I gave up custody of our son to my parents in order to join the military. Once we were done it was understood that we would reverse the custody back to me (due to me and my husband going through a divorce). Since then my husband and I have reconciled and they do not agree so they are keeping my son from me. The only way i can talk to him is over the phone when they allow. Now since I have another son they are wanting to take custody of him as well. Can they keep and take custody of my children based on them not liking the decision I made to take back my husband?


Asked on 8/09/10, 1:03 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Your situation is a very difficult one. There is case law that supports your position where you made these arrangements with the understanding that they would be temporary. There is also statutory law that may allow your parents to be deemed defacto custodians. Either way, you need to file a petition sooner rather than later to regain custody.

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Answered on 8/14/10, 1:48 pm


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