This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Kentucky USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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FAQ
Child Custody Laws in Kentucky: At a Glance Code Sections§ 403.010 et seq. of the Kentucky Revised StatutesChild's Own Wishes Considered?Yes, Kentucky does consider the wishes of the child but does not have a choice until the age of 183 more rows
(c) The child is in immediate danger due to the parent's failure or refusal to provide for the safety or needs of the child. (2) Custody may be placed with a relative taking into account the wishes of the custodial parent and child or any other appropriate person or agency including the cabinet.
A competent individual may sign a Power of Attorney allowing another adult to handle their affairs while still maintaining their personal rights. A Power of Attorney does not require court involvement. Adults may also designate a health care surrogate prior to incapacitation.
(1) A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in KRS 403.350. The court may award temporary custody under the standards of KRS 403.270 after a hearing, or, if there is no objection, solely on the basis of the affidavits.
Contact your local Kentucky district clerk of court to obtain motion forms. The clerk will provide you with a general form that you must complete. Ask for the general motion form for use by pro se litigants in civil cases.
(c) The child is in immediate danger due to the parent's failure or refusal to provide for the safety or needs of the child. (2) Custody may be placed with a relative taking into account the wishes of the custodial parent and child or any other appropriate person or agency including the cabinet.
(5) The child shall remain in temporary custody with the cabinet for a period of time not to exceed forty-five (45) days from the date of the removal from his home. The court shall conduct the adjudicatory hearing and shall make a final disposition within forty-five (45) days of the removal of the child.
In Kentucky, the court supports parents working together whenever possible to create a custody and parenting time plan. If you both agree to the plan, you can present it to the court. The judge approves it if it is in the ?best interests of the child.?