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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Claiming Status as a De Facto Custodian

    Do you have to be a family member to be De Facto Custodian in Kentucky ?, I, have had a child in my home for almost 5 years , now the mother wants her back . we are no relation but it is tearing me and my little girl hearts out , please any help would would be greatful

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Claiming Status as a De Facto Custodian

    If Mom wants her back, you need to return the child to Mom.

    Unless a court proves that Mom is unfit you have no standing to sue for custody.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Claiming Status as a De Facto Custodian

    As the statute indicates,
    Quote Quoting De Facto Guardian
    As used in this chapter and KRS 405.020, unless the context requires otherwise, "de facto custodian" means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older or has been placed by the Department for Community Based Services.
    I would assume that you're a person, so there you go.

    Note, however, that overcoming the presumption that children belong with their biological parents can be very difficult, and is best attempted with the help of a lawyer.

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