Third Family Law Published Opinion from Ky Court of Appeals Today

Luu v. Murphy, et al

Child custody award to de facto custodians reversed. Substantial evidence of record does not support the conclusion that appellees were child's primary caregivers and primary financial supporters. Trial court appears to have based its ruling on testimony of the appellees that they "believed" they were no longer just babysitting the child but that they were keeping her on a permanent basis. During three of the months appellees had the child it was clear that this was meant to be a temporary babysitting arrangement. Mother's temporary absences from West Virginia did not cout against the six-month period required to establish the home state of the child. Even if Kentucky had jurisdiction, under facts of this case appellees could not be declared de facto custodians because they had not been child's primary caregiver and financial supporters for six month before mother sought to regain custody.

The West Virginia family court has jurisdiciton.