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De Facto Custody


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#1 emc1234

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Posted 31 March 2011 - 02:25 AM

After 2 Years in court, my mother-in-law was granted de facto custody. She is now making decisions and taking my rights away as a parent because her attorney (who is fresh out of law school and young) has told her that as a de facto custodian, she now has the same legal rights as myself and my husband (the children's biological parents). My understanding of the Kentucky statute KRS 403.270 states that a de facto custodian will be given equal standing with parents in custody matters, not that they automatically get legal custody and have the right to make decisions. She has informed the school that she now has legal custody (shared) as a de facto custodian and registered my daughter for kindergarten while my husband and I were at work.  There has never been any custody awarded to her and there has yet to be a full custody hearing. My husband and I have full custody, but her attorney is telling her and the school system that she has equal custody with my husband and I even though there has never been a custody hearing. I have an attorney who informed the school system that she does not have the same rights as us, she is merely recognized by the court as someone who has provided enough care to be considered as a custodian, but has been ignored. There are no allegations of drugs, abuse, neglect, no social services. Just that the children spent many nights there while my husband and I worked full time and I was also in nursing school. Are there legal documents that I can obtain that show that a defacto custodian must first go to court to be awarded legal rights? My mother-in-law's sister worked for both of the judges and has dating history with the judge's 1st cousin whom are very close. The law has been completely ignored in our case. The finding of facts state that I compensated the grandparents for money spent throughout the year, that the grandparent's insisted the children spend nights due to me leaving between 5 and 6 am for work and school and the father worked nights, that the parents provided medical insurance, the parents provided clothes, shoes, toys,pampers,etc. and all necessities for children without needing provision from grandparents, that grandparents never made any non routine decisions for children without obtaining full consent and approval from parents, always at the parents direction. Parents were never absent from children's lives. How can they legaly be found as de facto custodian? The corruption in this county is unreal. Any advice would be greatly appreciated!


#2 Fallen

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Posted 31 March 2011 - 04:12 AM

Have no clear notion what you mean by "de facto" as it relates to KY law and your mother-in-law being granted custody.  Did a court order it or not?  :) 

 

Regardless of what the MIL is saying or her attorney is saying, what does the court say?

If the court never gave her custody, then you tell whomever she's talking with (school) that she's bonkers and they should not be communicating with her.  If your attorney wasn't able to hammer this out in short order, I'm not sure what to tell you.  You don't need to obtain any "legal documents" other than, perhaps, asking the court to issue a restraining order against her.

 

"The law has been completely ignored in our case."

You don't bother to say how so, except as it relates to MIL talking smack to a school (but don't bother mentioning whether school is listening to her).  If your attorney isn't giving you satisfactory answers, talk with someone else.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 emc1234

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Posted 31 March 2011 - 04:59 AM

Never used a forum before, not sure if I'm even posting this right. The court has never awarded any custody to MIL. Her attorney sent a letter to the school telling them that because she now held the title of defacto custodian that she automatically  had equal custody with us (bio parents). There has not even been a custody hearing yet. My attorney sent school a letter quoting the statute, principal sent to school attorney, but MIL was still allowed to register my daughter for school. We're pretty much being ignored because of pull she has in the courthouse, but can't explicitly prove it. I discussed some of the finding of facts in first post. How can MIL be found to be defacto custodian based upon facts that obviously should disqualify her from it? Thanks for replying - Oh, she also worked at this school for 12 years.


#4 emc1234

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Posted 31 March 2011 - 12:17 PM

I posted a question earlier today regarding defacto custody in regards to KRS 403.270. The person who responded wasn't familiar with defacto custody, although I appreciate the response! Long story short, my MIL was recently given the title of defacto custody of my children. She is now doing whatever she wants and making decisions that she is not legally entitled to make, or atleast that's my understanding. She has been shown to be someone who has cared enough for my children to be given standing and consideration in custody matters, but until an actual custody hearing, does she have the right to override my superior right as their mother? There are no allegations of drugs, abuse, neglect, etc. She just wants my kids. For a few more details read my post De Facto Custody. Any advice is appreciated!

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