De Facto Custodian (in some states)
"De facto custodian" is defined as the primary caregiver and financial support of a child who has lived with that person for at least (1) six months if the child is under age three; and (2) one year if the child is at least age three. After the court makes its finding that the person is a de facto custodian, he or she has the same legal standing in custody cases as a parent and his or her input concerning the child is considered by the court. Custody of the child is then determined based on the best interests of the child.
Indiana: IN Code, 31-9-2-35.5; 31-14-13-2.5; 31-17-2-8; and 31-17-2-8.5
Kentucky: KY Statutes, 403.270; 403.340; 403.350; 403.420; and 405.020
Source: Generations United, one of the premier Web resources for grandparents and other relative caregivers. © 2002, Generations United. Reprinted with permission of Generations United http://www.gu.org
