How to Obtain Rights as a De Facto Parent

My question involves a child custody case from the State of: Kentucky Child services placed my 6 yrs. old niece in our home in October 2011,we had her until December 16 2011 and the bio Dad decided he wanted her now keep in mind this was the first time he had met his daughter. So the bio Dad kept her until April 2012 then took her back to CPS said he wasn't taking her home and that he didn't want her that she was a demon child, social services lets the bio Mom have another chance and well needless to say 3 months later the social worker placed her back into my home once again. I went to court for 9 months trying to gain custody of her while the father and mother never showed for any court proceeding's. finally February 2013 the courts granted me custody. ok fast forward until October of this year I made the mistake and asked the courts for child support and now her Dad is seeking custody. I've hired an attorney and he is filing a motion for me to be the de facto parent and says I've got nothing to worry about but I cant help but stay sick over all of this. she is my world, she calls me Mom and my other kids her brother and sister. this man has gave her no support what so ever and hasn't seen her since he gave her to the courts. please help any advice is much appreciated.

This is classic - you have custody via the courts, and you've filed for child support ... and lo and behold, the parent files for custody.

The court is going to be extremely reluctant to change custody without having a damn good reason for doing so; Dad being ordered to pay child support is not a good reason.

Trust your attorney. Think about it. You and your home is the only thing this little girl knows. It's highly unlikely that the court will allow her to be ripped from everything she holds close.

And thank you for stepping in when her parents wouldn't. I wish you all the luck in the world.

Quote:

---

Quoting Dogmatique

---

This is classic - you have custody via the courts, and you've filed for child support ... and lo and behold, the parent files for custody.

The court is going to be extremely reluctant to change custody without having a damn good reason for doing so; Dad being ordered to pay child support is not a good reason.

Trust your attorney. Think about it. You and your home is the only thing this little girl knows. It's highly unlikely that the court will allow her to be ripped from everything she holds close.

And thank you for stepping in when her parents wouldn't. I wish you all the luck in the world.

---

And on top of that, dad already has a history of getting placement of the child, and then returning the child to CPS. Listen to your attorney. Your attorney knows best.