Grandparents’ Rights Attorney in Owensboro, Kentucky

Grandparents play a crucial role in their grandchildren’s lives. The relationship between grandparents and grandchildren can have a positive impact on a child’s development. However, after the parents’ separation or divorce, some grandparents may be taken away from their grandchildren.

That is why many grandparents wonder about their visitation and custody rights to grandchildren when their children separate or get a divorce. Fortunately, grandparents in Kentucky do have rights. Unfortunately, the process of asserting your rights as a grandparent can be complicated.

You must speak with an experienced attorney to help you understand your legal options as a grandparent and obtain precious time with your grandchildren. At Evan Taylor Law Office PSC, our compassionate and skilled grandparents’ rights attorney in Owensboro, Kentucky, can guide you through the legal process. Our attorney also serves clients in Henderson and surrounding counties in Kentucky, including Ohio, Hancock, and McLean.

Grandparents’ Rights in Kentucky

Under Kentucky law, family courts can grant reasonable rights to grandparents after parents’ separation or divorce. However, before granting reasonable rights to grandparents, courts consider what is in the best interest of the grandchild.

The best interest of the grandchild standard can be confusing for grandparents who do not understand their rights. Fortunately, Kentucky law reveals the factors considered by courts when deciding regarding grandparents’ rights and grandchildren’s best interest.

Visitation Rights of Grandparents

Grandparents in Kentucky can possess “reasonable” visitation rights. Paternal and maternal grandparents have equal visitation rights if the court determines it is in the best interest of the grandchild.

Some of the factors considered by Kentucky courts when deciding what is in the best interest of the grandchild include:

1. The relationship between the grandparents and the grandchild.

2. The amount of time grandparents spend with their grandkids.

3. The physical and mental health of the grandparents.

4. The grandchild’s preference is to spend time with their grandpa and grandma.

5. The impact of the grandparents’ visitation on the child’s continuing and stable relationship with their parents.

6. The potential benefits and drawbacks of granting visitation rights to grandparents.

Unlike most other states, Kentucky laws that are favorable to grandparents in child visitation and custody cases:

• Grandparents can sue for visitation if they are denied access to their grandchildren even if the grandchild’s parents are still married and living together.

• Grandparents can possess “liberal visitation” if their child (parent of the grandchild) passes away.

• Grandparents may have visitation rights even if their child’s parental rights are under termination.

In Kentucky, grandparents lose their visitation rights if their grandchildren are adopted unless:

1. The grandchild was adopted by a stepparent; and

2. The grandparent’s child’s parental rights were not terminated.

Can Grandparents Get Custody of Grandchildren?

Similar to visitation rights, family courts in Kentucky make custody-related decisions based on what would be in the best interest of the child (grandchild). Under Kentucky law, grandparents can request custody if:

• Grandchildren are living with their grandparents; and

• The grandparent requesting custody is the primary caregiver who financially supports the grandchild.

Grandparents have a right to obtain custody unless the grandchild’s parent can prove they placed their child in the grandparent’s care for a justified reason (e.g., to protect from the other parent’s domestic violence or to attend school).

How Can Grandparents Assert Their Rights in Kentucky?

In the state of Kentucky, grandparents can assert their visitation rights by filing a petition with the district court in the county where their grandkids live. The petition cannot be filed by the grandchild’s parents on behalf of grandparents. If a grandparent already has a visitation order and the child’s parent denies access to the grandchildren, the grandparent can enforce the order.