Grandparent Rights and Visitation in Kentucky

Grandparent’s rights involve grandparents asserting legal claims to custody or visitation to a grandchild. It can be a complicated and emotionally charged area of law. Often, we see grandparents that feel they have been shut out of their grandchildren’s lives after a divorce, death, or even a family dispute. We have put together the following questions and answers that we find are most likely to be on your mind if you are experiencing this difficult situation. Our team will work within the family law system for you and your case, bringing in necessary professionals and presenting all evidence needed to support your case to see your grandchildren. This is an area of law that varies case-by-case, so please call our experienced legal team for a case-specific consult.

At first, try to talk directly with the parent or guardian about the issue and your desire to have a relationship with the child. Family dynamics can be complicated, but you may have the best shot at a positive outcome if each side sees past trivial issues and puts the child first. If agreement is not an option, or the parent or guardian has been unresponsive, you should consult an attorney on your other options.

Yes, but it can be difficult. There is a Kentucky Statute that provides that a court may grant visitation to grandparents if in the child’s best interest. However, parents have a constitutional right to parent their child as they see fit, and a grandparent will have to prove by clear and convincing evidence that the parent is not acting in the child’s best interest. When considering visitation, a court will consider the nature and stability of the relationship between the child and grandparent; the amount of time spent together; the potential detriments and benefits of grandparent visitation; the effect of granting visitation would have on the child’s relationship with the parents; the physical and emotional health of all those involved; the stability of the child’s living and schooling arrangements; and the wishes of the child.

In most cases, you would not lose your visitation unless a judge decides it would be in the grandchild’s best interest.

A de facto custodian is a grandparent/caregiver, other than a biological parent, who has been the primary caregiver and financial supporter of a child for at least the minimum time required under the statute (six months if the child is under age 3 or one year if the child is over age 3). If a Court finds that a grandparent/caregiver is a de facto custodian, then custody is granted to that grandparent/caregiver.

About the author

Eddins • Domine is a boutique law firm providing personal service and attention throughout the entire course of your representation.  Our attorneys focus on family law, estate planning, and business and corporate law, and also excel in providing practical advice and representation in Kentuckiana real estate and civil litigation matters.

Eddins • Domine Law Group, PLLC

3950 Westport Road
Louisville, Kentucky 40207

Phone: (502) 893-2350
Fax: (502) 893-1949

Email:  info@louisvillelawyers.com

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