Kentucky Supreme Court Expands De Facto Custodian Rights in Groundbreaking Family Law Decision

In a groundbreaking published decision, the Kentucky Supreme Court has expanded the rights of unmarried partners seeking custody of children they have helped raise. The case, Lemaster v. Stiltner, 2023-SC-0454-DG (Ky. Aug. 14, 2025), involved an unmarried couple, Lemaster and Denise, who jointly raised a child for nine years. After Denise's death, Lemaster sought to intervene in the ongoing custody case between Denise and the child's mother, Kendra.

The court's ruling in Lemaster v. Stiltner builds upon the precedent set in Krieger v. Garvin, 584 S.W. 727 (Ky. 2019), which recognized that unmarried couples who jointly care for a child can qualify as de facto custodians. De facto custodianship is a legal status granted to individuals who have acted as a child's primary caregiver and financial supporter for a significant period.

In Lemaster v. Stiltner, the court held that Lemaster had sufficiently alleged that he and Denise jointly qualified as the child's de facto custodians, despite their unmarried status. The court emphasized that the couple had functioned as a unit, with Lemaster taking on a parental role alongside Denise.

Furthermore, the court found that the family court abused its discretion in denying Lemaster's motion to intervene as untimely. Lemaster had filed the motion just two days after Denise's death, promptly asserting his interest in the child's custody once Denise could no longer represent their shared interest. The court stressed the importance of allowing intervention to protect a child's interests when a legal custodian passes away.

The decision also clarified that parenting alongside a non-parent legal custodian does not prevent an individual from achieving de facto custodian status. This is a critical distinction from cases where an individual parents alongside a biological parent, as those situations do not typically qualify for de facto custodianship.

At Bowman Legal, our family law attorneys have extensive experience navigating the complexities of de facto custodianship cases and appeals. We understand the profound impact these decisions have on families and are dedicated to staying current with legal developments to provide our clients with the most effective representation.

If you are seeking to establish custody rights or are involved in a custody dispute, it is essential to have knowledgeable legal counsel on your side. The attorneys at Bowman Legal are committed to advocating for the best interests of children and protecting the rights of our clients in family court and on appeal.

Our team is well-versed in the nuances of Kentucky family law and has a proven track record of success in handling complex custody cases. We take the time to listen to our clients' unique stories, provide thorough legal guidance, and develop tailored strategies to achieve their goals.

To learn more about how Bowman Legal can help you navigate your family law matter, please contact our office at (502) 861-7414 or schedule a consult to discuss your case. We are here to answer your questions, offer support, and fight for the best possible outcome in your case.