*i am asking for my fiancé* His daughter lives in Kentucky with her grandma an has since she was 2 an she came an took her away she does not have legal custody no papers were ever signed so the questions I have are 1) can her grandma have her boyfriend arrested for custodial interference just because she became sexually active an asked to be put on birth control? An 2) since she has no legal custody of said child (keep in mind she will be 17 this month) can she her her away from him? We would like for her to move in an finish school here her grandma has become very mean an hateful an wont allow her to do anything except work an school just because of being sexually active. She won’t even let her come stay with us for holidays or summer break please help. She sends me messages all the time saying she doesn’t want to be there anymore He lives in Illinois she lives in Kentucky
for 15 years the child has not lived with a parent and neither parent did anything to get the child? correct? why not? why wait until age 17 to ask about this?
the grandma will not let the child do anything but work and school because the child is sexually active, correct?
what is wrong with grandma continuing to raise this child for the next year? she has established logical rules for a child under age 17. until the child can prove she can be trusted, she only gets to be home, at work, or at school. why is that wrong? how is that mean or hateful?
if your bf wants to be with his child, why does he not go to ky to see her there? did not do that for 15 years? why? oh, has he been paying child support to the woman raising his child? has the mother?
you want help with what? taking this girl from the only home she has known, that provides her with food, clothing, shelter, guidance, reasonable rules to obey and to send her to what? will your bf let her run wild? what would he let her do that grandma will not? how will he keep her from her sexual activity? from getting a sexually transmitted disease? from getting pregnant?
if dad has not seen child in 15 years, does child even know him? does he know her? has he gone to any parent teacher conferences? any of her activities? seen her report cards? met her boss? these are all things that parents do.
here is an idea: dad go to ky to see his daughter over christmas break. dad talk with grandma to learn what she has done with and for the daughter and why. have dad support the rules grandma puts in place. dad pay grandma for supporting his child.
I agree with Mr Schlesinger. Will add a slightly different angle. How is this an Illinois legal problem?
I agree. Sometimes it is not about the parent, but the child. This child has been raise by her grandmother and the minute that the child does not agree with a rule, Dad is going to swoop in and bring her to Illinois. How is your relationship with the child? Is it a close one? Because if it is not, you don't know what is best for the child.
If there are no guardianship papers that were legally filed for grandma to have custody of the child, how has she been getting medical care and how has she been enrolled in school all these years? Does grandma have something legal and you don't know about it? Does Kentucky recognize that grandma has had the child for so long and registered her for school for every year of her life so she is de facto the child's guardian because no one else showed up to say that he or she was a parent? Does Kentucky have a law about abandonment and because grandma has had the child this long she is considered the guardian. These are questions that an Illinois lawyer cannot answer. You may have to discuss with a Kentucky lawyer if there is a reason why grandma may have rights to the child at this time because it has been so long and she has lived there. If grandma refuses to return a child she has not legal authority over then how are you going to explain to an Illinois judge that you have not claimed custody of the child for 15 years and the child is about to emancipate? It is unlikely the judge will just move the child to your care after being with one person for basically her entire life.
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