de facto custody question

[Samantha L Asher]

What is the name of your state? Kentucky
I am considering filing for de facto custody of a minor that is kin to me and parents are kin as well I have chosen this if possible do to wanting to avoid family drama. If I am correctly understanding can be filed when child is in your care for a period of time that vary by state. As a way to only half to provided child care or physical proof as a way to avoid in some other situations where family must make members for example prove unfit ect. I am just wondering If I understood correctly and this is a good option to avoid mentioned. INFO ( child has been in my care since he was 2 weeks old and is now 6 months old.) PARENTS HAVE AGREED TO WHAT SO EVER I MAY CHOOSE TO DO EVENTUALLY ADOPTION BUT AM NOT SEEKING ADOPTION at this time I just want to ensure child may not be taken completely away at any given time due to bond made between child and myself.

 

[LdiJ]

What is the name of your state? Kentucky
I am considering filing for de facto custody of a minor that is kin to me and parents are kin as well I have chosen this if possible do to wanting to avoid family drama. If I am correctly understanding can be filed when child is in your care for a period of time that vary by state. As a way to only half to provided child care or physical proof as a way to avoid in some other situations where family must make members for example prove unfit ect. I am just wondering If I understood correctly and this is a good option to avoid mentioned. INFO ( child has been in my care since he was 2 weeks old and is now 6 months old.) PARENTS HAVE AGREED TO WHAT SO EVER I MAY CHOOSE TO DO EVENTUALLY ADOPTION BUT AM NOT SEEKING ADOPTION at this time I just want to ensure child may not be taken completely away at any given time due to bond made between child and myself.

"de facto" is a description that is used when someone has someone in their care or possession for a period of time, without legal rights. It may be correct to for you to describe yourself as a "defacto custodian" but you would not file in court for that. You would simply file in court for custody. Six months is kind of a short period of time for someone to claim that they are in fact a defacto custodian.

If the parents are in agreement to you having custody then there is no reason for any family drama or proving them unfit. You all can sign a stipulated custody agreement and file it with the courts. You are really going to need an attorney to draw that up.