Lexington, KY asked in Family Law, Child Custody and Child Support for Kentucky

Q: My granddaughter has lived with me since June 2018 due to her mom's eviction. Can I file for guardianship or custody?

I agreed to keep my granddaughter for two months until her mother found a place to live. It has now been five months. Her mother recently found an apartment but she has yet to retrieve her daughter. I asked if she was ready for her to come back and she said she has to work. I work also. The mother receives weekly child support payments from my son but has not contributed to the care of her daughter at all.

1 Lawyer Answer

Timothy Denison

Answered
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You need to wait until you have had her for six months and then you will achieve de facto custodian status and stand on the same footing as her mother. You have to have her and provide for her for six months, not five or less, before you can claim this status. Id sit on it for another month and then you can filed for custody.

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