Legal Question in Family Law in Kentucky
pregnant female inmate
my 22 yr old daughter will be having her third child in late July of this year in Pewee Valley (KCIW). her other two children are in the custody of her father-in-law and mother-in-law. first she signed temporary custoday over after being persuaded by her spouse. they were told they would get the kids back, once they did what social services reqtd. well, when the time came for the 6 mnth review both parents were incarerated. so they convinced her to sign permenent relative custody to these same people. My daughter is now reqtg that me, her mother and her her father take legal custody of the newborn child. My question is this: is there anything that can be done by the inlaws to keep this from happening, if, we get a legal document drawn up stating she has given us temporary custody of the newborn?
1 Answer from Attorneys
Re: pregnant female inmate
Under Kentucky law, your daughter cannot "give" you custody of her children. Legal custody of children automatically falls to birth parents. Any changes in this legal custody must be approved by a court; either in a paternity, divorce, custody, or adoption proceeding. When a custody dispute arises between to parents, or between two non-parents, the court is required to determine custody based upon the "best interests" of the child. The wishes of a birth parent, or the wishes of the child, may be taken into consideration by the court, but the final determination must be made by the judge, after taking into consideration all relevant material factors.
In the fact situation you described, you would be well advised to retain the services of a family law attorney to protect your rights, your daughter's rights, and the welfare of your grandchildren.
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