Legal Question in Family Law in Kentucky

grandparent rights

does grandparents have rights in kentucky


Asked on 12/10/08, 6:01 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: grandparent rights

The answer is yes and no. There is a statute that give grandparents rights regarding visitation, but then there is a US Supreme Court decision that severely limits that sort of statute. Also, if you have been involved in raising and financially supporting a grandchild, you might qualify as a defacto custodian which would put the grandparent on equal footing with the parent in legal actions.

For all of the above, the specific facts of the situation are essential to determine the likelihood of success.

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Answered on 12/11/08, 12:17 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: grandparent rights

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

A grandparent does not have custody rights to a child superior to that of a natural parent.

A Kentucky statute (KRS 405.021) grants grandparents visitation rights. Nevertheless, some Kentucky courts have used the "best interests of the child" standard to limit or even deny such visitation.

You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 12/10/08, 7:50 pm


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