Meinders v. Middleton

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In this custody dispute, the Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the circuit court's finding that Appellant qualified as the child's de facto custodian under Ky. Rev. Stat. 403.270, holding that Appellant did not qualify as the child's de facto custodian and lacked standing to assert custodial rights. The circuit court granted temporary custody of the child to Appellant and Dixie Meinders. Later, it was discovered that Keith Middleton was the child's biological father. Keith moved to transfer custody and later filed a civil action seeking custody of the child. Appellant was granted custody. The court of appeals reversed, concluding that Appellant did not qualify for de facto custodian status. The Supreme Court held (1) the time period required for de facto custodian status under section 403.270 must be continuous, rather than aggregated; (2) any active participation by a parent in a custody proceeding evincing a desire to regain custody is sufficient to toll the requisite de facto custodian time period under section 403.270; (3) neither Appellant nor Dixie qualified as the child's de facto custodian, and both lacked standing to assert custodial rights; and (4) custody should be placed with Keith where the mother agreed that sole custody be placed with him. View "Meinders v. Middleton" on Justia Law