Legal Question in Family Law in Kentucky
I don't know anything about the law, but my grandparents talked my mother into giving my grandparents guardianship of me and my brother when I was 3. They've gave us everything but now my grandmother, who wears the pants in the family, is coming down with Alzheimers, and I don't believe she is capable of taking care of us anymore, she doesn't rationalize right, and she seeks fights with me. And my grandfather is scared to step up for me and my brother. My grandfather has pretty much raised my brother, so I think he'd be able to take guardianship of him, but I would like know to how to go about getting my mother guardianship back. I am closer to her than I am anybody else in this world. Social workers have us set on supervised visits because of drug use that happened almost 2 years ago. They have only talked to me once, and they don't understand how much me and my mother need each other at this point in our lives. She's going through a divorce, and I am also having hardships, along with this one. I am a year and 3 months away from 18, but I can't stand being treated like I am here. How should I go about getting to live with my mom again?
2 Answer from Attorneys
Your mother will have to ask the court to grant her custody. Although it is not the Cabinet's decision, their opinions usually hold a lot of weight with the Court. Your mother's best chance is to demonstrate she has made the necessary changes to get back on the right track with her life and, absolutely, is not using drugs. The Cabinet has probably already given her instructions on how to do that. Even so, the Court will make a decision it feels is in your and your brother's best interests.
As for your grandmother, if you feel her behavior has reached a point that would affect your well-being, then you should discuss the matter with your grandfather, as well as other adults, such as your school guidance counselor, that can assist you.
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