Opinion
NO. 2014-CA-000003-MR
06-12-2015
LESA PELFREY-WALLACE APPELLANT v. TOMMY WEST; KELLY WEST; FELICIA MILLER; O.W., THE MINOR CHILD; AND ERIC WEST APPELLEES
BRIEF FOR APPELLANT: Steven N. Howe Dry Ridge, Kentucky BRIEF FOR APPELLEE: Stephen L. Bates, II Dry Ridge, Kentucky
NOT TO BE PUBLISHED APPEAL FROM GRANT CIRCUIT COURT
HONORABLE A. BAILEY TAYLOR, JUDGE
ACTION NO. 13-CI-00313
OPINION
AFFIRMING
BEFORE: CLAYTON, LAMBERT, J. AND THOMPSON, JUDGES. CLAYTON, JUDGE: This is an Appeal from the Grant Circuit Court's denial of an Intervening Petition for Custody filed by the Appellant regarding her grandson, O.W. Based upon the following, we affirm the decision of the trial court.
BACKGROUND INFORMATION
Appellant, Lesa Pelfrey-Wallace, is the paternal grandmother of O.W. A neglect petition was filed concerning O.W. and he was removed from his parents' care after a finding of neglect. The child was placed with Appellee, (the paternal grandfather), Tommy West on April 24, 2012, and has remained in his custody since that time. At the time of the finding of neglect, Appellant lived in another state, however, she stayed involved with O.W. and eventually returned to Kentucky.
Appellees filed an action in Grant Circuit Court seeking permanent custody of O.W. Appellant then filed an Intervening Petition seeking custody in that action. Appellees filed a motion to dismiss the intervening petition arguing that Appellant did not have standing to seek custody of O.W. The trial court agreed and dismissed her petition. Appellant then filed this appeal.
STANDARD OF REVIEW
The issue of standing is an issue of law and, therefore, our standard of review is de novo. Smith v. Smith, 235 S.W.3d 1 (Ky. App. 2006).
DISCUSSION
The trial court held the Appellant did not have standing to seek custody of her grandchild because she did not have the standing as required by Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010). In Mullins, the Kentucky Supreme Court held that in order to establish standing in a child custody case, the person must be "acting as a parent." In this case, the Appellees have had the care, custody and control of the child for quite some time. The Appellant, however, has not.
Kentucky Revised Statutes (KRS) 403.270 specifically provides that either parents or de facto custodians may seek custody of a child. As set forth above, Appellant is neither the parent of O.W. nor the de facto custodian; therefore, she does not have standing. Based upon the above, we affirm the decision of the trial court.
ALL CONCUR. BRIEF FOR APPELLANT: Steven N. Howe
Dry Ridge, Kentucky
BRIEF FOR APPELLEE: Stephen L. Bates, II
Dry Ridge, Kentucky