My grandson and his wife are talking divorce they have a 1 yr. old child all have lived in my home since before the birth of the child, both parents are young under 22 yrs. father works at a 10.00 hr job mother does not work what is the possibility of me retaining temporary or permanent custody of the great grandchild?
Country relating to Question: United States
State (if USA): Kentucky
nothing, just looking for information
Hi, and Welcome to JustAnswer, Thank you for your question, 1. Have you discussed this possibility with the parents of the baby ?
2. If so, how do they feel about this possibility ?
3. Does the mother take care of the baby now ?
Thank you and I look forward to your reply,
not really, the mother uses child as leverage to an extent, the father would not have a problem.
The mother does to an extent, she's 19 and is wanting to spend time with her friends and have fun, the baby is usually left with me when I get home from work and on the week-ends when she wants to go somewhere, the father works second and third shift and has to sleep but he does take care of the child too
where do I press accept at
Hi, Vickie, Thank you for your patience and understanding, I was researching the Kentucky Statutes to see if I could find something to strengthen your position, Kentucky Revised Statutes 403.270 has provisions which establishes a grandparent or other person, as a"de facto" custodian, if they provide extended care for a child. Basically, that section provides that if a grandparent, or person other than a parent is the primary care provider and financial supporter of a child for a certain amount of time (6 months in cases of children under 3 years of age), courts are to give that care provider equal consideration as the parent in custody determinations. This section generally deals with situations where the parents leave a child with someone else while they live elsewhere, but it is the only section in the Kentucky statutes dealing with a grandparent's standing to seek custody.
You can argue that although the parents do not live elsewhere, for all intents and purposes, you are and always have been the primary caregiver of your grandchild and it would be in the "best interests and permanent welfare of the child" to allow you to remain in that role. The phrase in parenthesis is the legal principle that guides the Family Court Judges in all 50 States in deciding custody cases, Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,
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25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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