Legal Question in Family Law in Kentucky
my son was taken from his mother due to drug use, and was giving to the mother of the child's mom the grandmother, when we appeared in court we were gave a drug test i passed and the mother failed, so they where wanting to give the child to the grandmother and not me even though there was no reason why i couldn't have him so i brought up that the grandmother offered me money for the child, she admitted to offering me the money, and the state said he could not go back to the grandmothers home cause it is a crime to offer money for a child, so they finally said he was going into states custody until my home was inspected, and court was dismissed. so three hours later i call social services to set up a inspection of my home and they tell me my son is with the aunt who lives with the grandmother who tried to buy him so he was sent right back into her home they change the order after i left and court was over, and so three weeks went by and i keep trying to contact the social worker and all she would say is ill call back to set up visitations for me and my son, she never inspected my home or nothing, well its been a month since the first court date and i went today for another hearing and the social worker still said i could not have my son and has never even set up a inspection. The social worker hasn't even given me a chance at all to get him, but will send him back to a house where his grandmother was trying to buy him and admitted it in open court i feel i should sue the social services for not doing there job and the county it self cause they where choosing side today in court.
1 Answer from Attorneys
If the action filed by the social worker is in District Court, you need to file a motion for immediate entitlement to your counties Circuit Court. If it is a Family Court, then you would still file the motion, but it would be heard by the same judge and then you could appeal to the Court of Appeals.