Q: No court order, can I keep my child if she doesn’t want to return to moms? Very bad situation over there. Cps 5 times.
Paternity is established through the courts when my daughter had to go to foster care, but I’m not on the birth certificate. Her mom has had cps involved 5 times and they children had to go to foster care. I would like custody of my daughter but my question is can I keep her if she doesn’t want to go home there is no court orders. We live in Kentucky and her mom lives in Ohio.
A:
Since you state there are no court orders in effect, you will likely need to file a motion in Mom's Ohio county for allocation fo parental rights and responsibilities. if the child has been with you for 6 months you might file in KY. Otherwise you might also try to file an emergency motion in Mom's Ohio county. Mom per both Ohio rules and the Child Custody Jurisdiction and Enforcement Act (UCCJEA) rules (KY is adopted this too) designates an unmarred mother as the child's custodian in the absence of any other order.
You should hire a lawyer who practices regularly in Mom's county to ensure this goes as smoothly a complex situation like this can go.
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