My question involves a child custody case from the State of: Kentucky
Background:
Father and mother had 2 kids (current ages 9 and 7), father is on birth certificates, always had an unofficial agreement about timesharing/visitation after they broke up. In 2013, mother and her boyfriend were arrested for drug possession and endangering welfare of minor. While the arrest was happening, father was allowed to take his 2 kids home (still unofficial), and maternal grandmother took mother's younger child that she had with boyfriend (grandmother later got legal custody of that child).
In 2014, father went to another state for work, left 2 kids with his girlfriend at the time. Girlfriend got fed up, called grandmother to get the 2 kids, and grandmother got legal custody of them, too.
Father has maintained unofficial visitation ever since; mother had supervised visitation at first, now unsupervised.
Father originally planned on filing for joint custody with mother, but now believes that mother is abusing drugs again. Grandmother said in the past that if mother was using drugs again and father wanted custody that she wouldn't fight him, but would want joint custody with father because she wants to stay involved in decisions concerning the kids.
Can father and grandmother have joint custody, with father as primary residential parent, and mother just having visitation? And where should father start--should he approach CPS first to see if they'll set up a parenting plan or reunification plan, or just go ahead and file a petition for custody? Also, he is well aware of how stupid a lot of his decisions were--he owns up to his past mistakes and has gotten himself back on the straight and narrow now.
(BTW, I'm father's spouse, and I'm just doing the typing for him, but he's here for follow-up questions, if any. I just didn't want to lie and say it was him writing.)
Background:
Father and mother had 2 kids (current ages 9 and 7), father is on birth certificates, always had an unofficial agreement about timesharing/visitation after they broke up. In 2013, mother and her boyfriend were arrested for drug possession and endangering welfare of minor. While the arrest was happening, father was allowed to take his 2 kids home (still unofficial), and maternal grandmother took mother's younger child that she had with boyfriend (grandmother later got legal custody of that child).
In 2014, father went to another state for work, left 2 kids with his girlfriend at the time. Girlfriend got fed up, called grandmother to get the 2 kids, and grandmother got legal custody of them, too.
Father has maintained unofficial visitation ever since; mother had supervised visitation at first, now unsupervised.
Father originally planned on filing for joint custody with mother, but now believes that mother is abusing drugs again. Grandmother said in the past that if mother was using drugs again and father wanted custody that she wouldn't fight him, but would want joint custody with father because she wants to stay involved in decisions concerning the kids.
Can father and grandmother have joint custody, with father as primary residential parent, and mother just having visitation? And where should father start--should he approach CPS first to see if they'll set up a parenting plan or reunification plan, or just go ahead and file a petition for custody? Also, he is well aware of how stupid a lot of his decisions were--he owns up to his past mistakes and has gotten himself back on the straight and narrow now.
(BTW, I'm father's spouse, and I'm just doing the typing for him, but he's here for follow-up questions, if any. I just didn't want to lie and say it was him writing.)
Grandparents and Third Parties: How Can a Parent Recover Custody from a Grandparent With Legal Custody
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