Grandparents play an important role in their grandchildren’s lives. If that relationship is interrupted or cut off, the child can end up sacrificing the most. Under Kentucky law, parents have a significant amount of control over the people their children interact with. However, grandparents can petition the court for the right to have a reasonable amount of time with their grandchildren after a divorce, separation or the death of one parent.
Grandparents’ rights involve any case between the grandparent(s) and the parent(s) involved in a dispute regarding the parents’ children. The attorneys at Hoffman Walker & Knauf are able to advocate for or defend against grandparents’ rights, which are limited by the laws of Kentucky.
In Kentucky, visitation may be granted to grandparents if the court determines that it is in the child’s best interest. This is not easy to achieve, so the outcome is not always to the satisfaction of the grandparents. There are many factors to consider when determining the best interest standard. Our lawyers will assist in educating you on those factors and establishing a plan of action to prove or defend your case. If the facts do not support your case, our attorneys will provide a candid assessment of your chance in court and provide alternative options.
Kentucky law presumes that parents act in their children’s best interests. Grandparents may receive visitation rights if they can prove the parent or parents are vindictively preventing them from seeing their grandchildren.
Grandparents also may petition for and receive custody of a grandchild if they can prove the child’s well-being is threatened by neglect, abuse and/or substance addiction. The court assumes that custody with a biological or legal parent is in the child’s best interest unless the child has lived with a grandparent or an adult acting as a parent for a minimum of six months if the child is under 3 years old, or for a minimum of one year if the child is over age 3. To succeed with such a petition, the grandparents must be able to show that they do not negatively influence their grandchildren.