Ashburn, VA asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky

Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they give treatment. This year school noted that Grandparents stated NM was no where to be found/unreachable. They signed him into school without his father or I this year unlike the other years.

2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Most likely not but you should check the court files just to be safe.

Todd B. Kotler
Todd B. Kotler

A: I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has been no legal determination of custody, and the father is not listed on the birth certificate, it is unlikely that the paternal grandparents could obtain custody of your son without your knowledge or involvement. Courts cannot take actions with notice going to an affected party. This is especially the case where a fundamental right is being impacted. This is part of the rights that are called procedural due process. When someone files suit against another they need to list the last known address of the person being sued so a copy of the complaint and notice of the hearing can be served on that person. This is what lawyers call service of process. Yet, there are exceptions.

A party filing suit must make attempts to serve another with process through a series of methods described in the Rules of Civil Procedure (which typically apply to family courts). The last of these is called service by publication. So, if the grandparents do not know where you live or make the claim they don't and serve you by running an ad in the local newspaper they could proceed without you. You should check with the county family court where your child resides to see if anything was filed there. Good Luck.

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