Court: Court of Appeals of Kentucky; March 30, 2012; Kentucky; State Appellate Court
Shannon Brumfield appeals a Bullitt Family Court order that designated James and Carolyn Stinson as de facto custodians of her minor child, G.M.B., and awarded joint custody. The court's decision is reversed and remanded for further proceedings. Brumfield and Steven Piereey are the biological parents of G.M.B., born April 6, 2007. Brumfield has another child, C.E.S., living with his father, Jamey Stinson, who is the son of the Stinsons. The Stinsons initially assisted Brumfield by caring for G.M.B. while she worked, and at one point, Brumfield moved into their home. After a period of living independently, she resumed leaving G.M.B. with the Stinsons during her work hours. Disagreements over child support payments led Brumfield to sever ties with the Stinsons in 2010, which prompted them to file a custody petition. The family court held hearings and ultimately found the Stinsons qualified as de facto custodians under KRS 403.270(1), limiting Brumfield’s parenting time. Brumfield contends that the Stinsons are not de facto custodians, arguing they lacked standing to initiate the custody action since there is no evidence of her unfitness or waiver of custody rights. KRS 403.270 defines a de facto custodian as someone who has been the primary caregiver and financial supporter of a child residing with them for specified durations, and the court must determine by clear and convincing evidence that a person meets this definition before granting de facto custodian status. The legal framework emphasizes the superiority of natural parents' rights in custody matters.
In Kentucky custody proceedings, a caregiver must demonstrate they have taken on the role of a "de facto custodian" to be treated equally to a biological parent. This requires proving that the biological parent has relinquished their role as the primary caregiver and financial provider for a specified duration. Specifically, to qualify as a de facto custodian under KRS 403.270(1)(a), a caregiver must be the primary caregiver and financial supporter for a child who has lived with them for six months or more if the child is under three years old. Co-parenting alongside a biological parent does not satisfy this criterion, as established in case law.
In the case of G.M.B., the Stinsons provided substantial care and support but were engaged in a co-parenting arrangement with Brumfield, the biological parent, preventing the commencement of the de facto custodian period. Consequently, the family court erroneously determined that the Stinsons qualified as de facto custodians. When a non-parent fails to meet the de facto custodian standard, they must prove either that the biological parent is unfit or has waived their superior custody rights through clear and convincing evidence. Since the family court did not evaluate the Stinsons' custody petition based on these standards, the court's order was reversed and the matter remanded for further proceedings.
