Legal Question in Family Law in Kentucky

We have power of attorney for a friends small child. She is currently staying with us and going to school. Her mother and younger siblings are in transition and stay with relatives in different school districts. Dad is incarcerated and will remain for 3 more years. He has been ordered to pay child support but has not yet because incarcerated and income is from SSI. He has not been involved since she was about a year old. She is like a grandchild to us and we have had full involvement in her life since she was 10 months old. Is there anything else we should do to insure she can stay with us? It looks like it might be some time before mom is settled. I am afraid there may be issues because she has no permanent residence.


Asked on 10/12/12, 10:44 am

2 Answers from Attorneys
Melinda Murphy Murphy Law, PLLC

You may qualify as defacto custodians of the child. I encourage you to consult with a family lawyer in the county where you reside.

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Answered on 10/12/12, 10:59 am
Bryan Gowin Bryan Gowin Attorney at Law

You may qualify as a de facto custodian which is a person that is not a parent who has cared primarily for a child for a certain period of time who can request custody just like a parent. If you are granted this status then you will have rights just like a parent. You need to consult with a family law attorney immediately as there are time frames for filing for this status and protect your status and rights.

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Answered on 10/12/12, 1:03 pm


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