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

Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

NF who is her son did not technically sign him into school this year. His grandma and her husband did, they signed above the parent/guardian. Childs father signed above the other. Im not forsure what he signed for. Question is , Bc of them standing as De Facto custodian, could they do this? Every other year of him in school they’ve needed his dad or I to come sign all documents, allowing him to go to school. nothing through courts, I went to the school and requested for a paper so I could get his SSC ordered, but the lady had to call my sons GP to confirm they could give out the info bc I wasn’t listed no where on his stuff this year. Last year I did this(I didn’t go get his social the first time so I went a 2nd) and no one batted an eye or really asked any questions, only to compliment what a handsome son I have! Hell i even came in there twice on his birthday with GP bringing cupcakes to classroom lol. Does that mean they did something that I may not know about? What do I check ?

1 Lawyer Answer
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.

Timothy Denison agrees with this answer

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