Legal Question in Family Law in Kentucky

Re: Permanent Custody

The words "permanent" and "temporary" regarding custody are a bit of a misnomer. Neither actually pertain to time. Instead the terms are more akin to describing levels of custody.

Short of adoption, permanent custody is the best you can get and adoption would only be a realistic possibility if the parents voluntarily terminated their parental rights.

Due to the length of time that you have had your grandson, you are also a de facto custodian. This means that in the eyes of the law, you have equal standing with the parent. This is a good thing for you because to regain custody, the mom would have to show a change in circumstances affecting the child and that the child's best interests would be served by modifying custody.

Since the law favors the status quo (judges like to leave things as they are if they can) then as long as you are taking care of your grandson's needs and keeping him safe, you should have very little to fear over losing him - even if mom continues to do well.

This does not mean that she cannot petition the court to modify custody. It is similar to a divorce where the other parent always has the right to challenge custody. If that should happen, it will be well worth the money to retain an attorney to protect yourself and your grandson.