Legal Question in Family Law in Kentucky
nonrelative custody of a child
my husband and i have been raising a child for the last 18 months he will be 2 this month, his birth mother left him of her own choice, but now she has come and took him away ... biological father has never really been in the picture....how can i go about getting or can i get custody,she is not responsible and is always in some kind of trouble the kind that is hard to prove....we love him and miss him please help ....
2 Answers from Attorneys
Re: nonrelative custody of a child
You may be able to qualify as a de facto custodian of the child and attempt to gain custody of the child that way. If a court deems you and your husband de facto custodians, you will get the same considerations as a natural parent in custody proceedings.
Re: nonrelative custody of a child
The natural parents have priorty. You, as advised, may try to be declared "de facto custodian" but your not having actual physical custody presents a hurdle that you may not be able to cross. The natural mother AND FATHER must be proven and declared to be unfit. You really have no standing to seek custody without physical custody. You could always make a complaint to the Cabinet for Permanency and Protection ( former Social Services)
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