Grandparent Visitation Rights in Kentucky

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Family relationships are among the most important connections we have, and grandparents often play a significant role in a child’s life. However, when parents separate or family dynamics change, grandparents may struggle to maintain contact with their grandchildren. In Kentucky, the law acknowledges that grandparents can play a valuable role in a child’s upbringing, while also prioritizing the rights of parents. So, what rights do grandparents have when it comes to visitation?

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Kentucky Law on Grandparent Visitation

Under Kentucky law, grandparents do not have automatic visitation rights with their grandchildren. Instead, Kentucky Revised Statutes (KRS) § 405.021 allows grandparents to petition the court for reasonable visitation rights. This applies whether the child’s parents are divorced, one parent has passed away, or in some cases, even if the parents are still together but denying access.

When a grandparent files a petition for visitation, the court will consider whether allowing that visitation serves the best interests of the child, the standard that guides all custody and visitation decisions in Kentucky.

The Role of the “Best Interests of the Child” Standard

When evaluating a grandparent’s request for visitation, the court’s primary concern is the child’s well-being. Courts will balance a grandparent’s desire for contact against the parents’ constitutional right to make decisions about their child’s upbringing.

To assess the appropriateness of grandparent visitation, Kentucky courts may consider several factors, including:

  • The quality of the prior grandparent-child relationship
  • The time the grandparent and child shared together
  • The motivation of the grandparent seeking visitation
  • The motivation of the parent denying visitation
  • The potential impact of visitation on the relationship between the child and the parent
  • The wishes of the child, if the child is mature enough to express them

In short, the grandparent must show that visitation would positively contribute to the child’s life and that denying visitation would not be in the child’s best interests.

When Can Grandparents File for Visitation?

There are several situations where a Kentucky grandparent may seek court-ordered visitation, including:

  • After the death of a parent. If a parent has died, grandparents (on that parent’s side) may have stronger grounds for requesting visitation.
  • After a divorce or separation. Grandparents may petition for visitation when their grandchild’s parents are no longer together.
  • When the child is born outside of marriage. In certain cases, grandparents may request visitation if the child’s paternity has been established.
  • When the child is involved in a neglect or abuse case.  If the child’s parent(s) lose custody of their children due to neglect or abuse, sometimes the grandparents can obtain visitation through that case.

What Grandparents Should Know Before Filing

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Grandparents should be aware that courts give significant deference to parents’ decisions. In 2000, the U.S. Supreme Court ruled in Troxel v. Granville that parents have a fundamental right to decide with whom their children associate, including whether they can have contact with their grandparents.

This means that in Kentucky, grandparents face a high legal standard. They must provide evidence that visitation is in the child’s best interests and that denying it would harm the child in some way. Simply wanting to maintain a close bond is not always enough. The court must be convinced that visitation benefits the child’s health, happiness, or development.

Seeking Legal Guidance? Contact Us Today

If you are a grandparent considering seeking visitation rights, or if you’re a parent responding to such a request, it’s important to consult with an experienced family law attorney. Every situation is unique, and Kentucky courts handle these cases with care, striking a delicate balance between respecting parental authority and preserving important family ties.

At Hoffman Walker & Knauf, we help families navigate these emotionally challenging situations. Our team is committed to protecting children’s best interests while guiding grandparents and parents through the legal process with compassion and clarity.

Contact us today to schedule a consultation and learn more about your rights and options regarding grandparent visitation in Kentucky.