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Kentucky Revocation of General Power of Attorney for Care and Custody of Child or Children

State:
Kentucky
Control #:
KY-P008B
Format:
Word; 
Rich Text
Instant download

Description

This is a revocation of the power of attorney for the care and custody of a child or children provided for in Form KY-P007. A Power of Attorney can be revoked by the principal at any time, as long as he or she is competent. This form complies with all state statutory laws.

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FAQ

Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.

Establishing Paternity in Kentucky Under Kentucky state law, when a child's parents are married, the biological and legal father is assumed to be the child's mother's husband. However, when the parents are unmarried, determining paternity includes some additional steps.

KRS 403.280(4). A de facto custodian is a person who proves by clear and convincing evidence to have been a child's primary caregiver and financial supporter, for a period of six months (if the child is under three years old) or one year (for older children).

Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or. Exposing the child to emotionally harmful or psychologically damaging situations.

Just as under the present law, a power of attorney is not required by the new law to be recorded, unless it is being use to convey, release or transfer any interest in real estate.

A Power of Attorney, like a Trust, does not need to be registered or recorded in the public records in order to be effective. It does have to be in writing, signed, witnessed and notarized.

A parent will be deemed unfit in Kentucky if the parent cannot or will not provide the proper care and support that the child needs. Factors such as abuse, domestic violence, neglect, substance abuse, mental illness, etc. will also make a parent unfit for custody.

Some factors that a court may use to determine a person's fitness as a parent include: A history of child abuse. Any court will look unfavorably on a parent with a history of abusing his or her children. It is very difficult to overcome any type of child abuse charges when it comes to custody proceedings.

There is no age where the child can refuse.

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Kentucky Revocation of General Power of Attorney for Care and Custody of Child or Children