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RENDERED: JULY 6, 2001; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 2000-CA-001945-MR

JANICE FRANKLIN AND GLEN FRANKLIN APPELLANTS

APPEAL FROM FRANKLIN CIRCUIT COURT

v. HONORABLE REED RHORER, JUDGE
ACTION NO. 96-CI-01295

TAMI SEGUIN AND BARRY FRANKLIN APPELLEES

OPINION
AFFIRMING
** ** ** ** **

BEFORE: KNOPF, SCHRODER, AND TACKETT, JUDGES.

SCHRODER, JUDGE: This is an appeal from a judgment finding that
the paternal grandparents were not the de facto custodians of the
child pursuant to KRS 403.270, and that because the mother had
not relinquished her parental rights and was not an unfit parent,
she was entitled to custody of the child. The grandparents argue
that the trial court erred in finding that they were not the de
facto custodians of the child and, thus, the best interest
standard should have been applied in determining custody. In the
alternative, the grandparents argue that the court erred in
finding that the mother did not relinquish her parental rights
and was fit to have custody. We adjudge that KRS 403.270(1)
should not have been retroactively applied in this case. We

further adjudge that the trial court did not err in finding that
the mother did not relinquish her parental rights and was not an
unfit parent. Hence, we affirm.

Alex Franklin was born out of wedlock to Tami Seguin
and Barry Franklin on September 6, 1993. After giving birth to
Alex, Tami and Barry moved in with Barry

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Kentucky Law