I have had temporary custody of my grandson by request of the parents for almost 3 years. Mom (my daughter) went to jail and his dad (not married, no paternity test) could not take care of him. CPS was ready to pull him from the home but she got arrested first. Daughter was doing better and was out but went back this past week. He has been staying with us because he has had problems because of the neglect he suffered while he was with them. He is Developmentally Delay and is ADHD. He also lost all of his teeth because he received a steady diet of Mountain Dew and Chocolate Milk via a bottle and they rotted out. Now that mom is back in jail, dad wants him back. His wife (whom he was married to at the time he was with my daughter) wants to take care of Adan. She is a drug user and an alcoholic. He also says his daughter can help take care of him but she lost custody of her 3 children because of abuse and neglect and the daughter was molested. I am in KY, they are in WV. As you can see, I do not want Adan to go back and see him abused again. I have an agreement with both parents and it states "when both parties agree" he can go back. Please HELP!
1 Answer from Attorneys
You need to speak with an attorney immediately about filing a petition for custody in Kentucky for your grandson. You may qualify to be deemed a defacto custodian of your grandchild based on the number if years he has lived with you.