What determines a mother unfit in ky

[distressedmimi]

I have been granted by the judge to pursue custody of my grandchild. My son was doing this when he passed away. I have several incidents of bad behavior, including drugs (she went rehab) shes had DVO EPO on her. And more. What will my burden of proof need to be in order to get him out of that home and with me. The cabinet has placed him with a family member until I can get a home visit. I live out of state.

 

[army judge]

You will need a lawyer, and that might not help.
The standard for parenting is very low.
Mere drug abuse, alone, usually isn't enough to lose custody. As you are from another state, that could be used against you. Hire a lawyer and pray, and that will at least give you a competitive edge, but not a sure shot.


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[distressedmimi]

I have the same attorney my son was using. We have social services on our side but I know they want to get his mother and him back together. He is 12 and very angry toward her. He wants nothing to do with her. He has seen too much from her and his step father. I have my attorney and I pray. I have a few witnesses who have seen them in a bad state. So its not just my word. I have his mother's handwritten letters talking about our drug trip, etc. I have a lot, I just hope its enough. The judge appointed my grandson his own attorney as well. Social services is working on me getting a home visit so he can stay with me while going through the custody battle.

 

[Proserpina]

If the goal of social services is reunification (and it usually is), then I'm sorry - but your chances will be virtually zero of obtaining long-term custody of this child.

Your burden of proof will be MUCH higher than that needed by your late son; parent vs. parent is not the same as third party vs. parent.