Typically, custody and childcare cases involve just the rights of the child’s parents. However, third parties can also have parenting rights, especially when the third party is a grandparent. Children also have some say regarding their custody and care.
But can a child choose to live with a grandparent? Sometimes. If you have questions about grandparent custody, Pamela C. Bratcher, Attorney at Law, has decades of experience and can guide you through any child custody case.
If you have questions about Child Custody in Kentucky, speak with an experienced Bowling Green Child Custody lawyer right away.
How Kentucky Judges Actually Weigh a Child’s Preference
Kentucky has no specific age at which a child’s preference controls the outcome. Courts may interview children — typically those 12 and older — and consider their wishes, but the judge makes the final decision based on the child’s best interests.
A child’s preference is just one factor among many. Judges also consider how long the grandparent has been involved, whether the child’s preference seems influenced by a parent, and the stability of each home.
Kentucky courts give substantial weight to fit parents’ decisions about grandparent contact. A grandparent seeking custody over a parent’s objection faces a high burden of proof.
In practical terms: a 15-year-old who has lived with a grandparent for years and whose parents are struggling with substance use will have their preference taken much more seriously than a 10-year-old who simply prefers grandma’s house.
Does It Matter Whether the Parents Agree?
When both parents agree: If both parents consent to a child living with a grandparent, the arrangement is much simpler. A temporary guardianship or power of attorney can be established without a court fight. The child’s preference matters less because there’s no dispute.
When one or both parents object: This is where it gets harder. Grandparents seeking custody or visitation over a parent’s objection face a high burden of proof in Kentucky courts. Simply having a close relationship with the grandchild is not enough — the grandparent typically needs to show either de facto custodian status or that the parents are unfit.
When parents are absent or unfit: If a parent is incarcerated, struggling with addiction, or has abandoned the child, courts are far more likely to consider grandparent custody seriously — especially if the grandparent has already been caring for the child.
Types of Child Care Cases
A court might intervene in a child’s living arrangements when one of the following applies:
- Custody case—the parents are not in a relationship with each other or are breaking up; or
- Dependency or neglect case—the parents are not fit to care for the child.
There are overlapping standards for these types of cases, and we discuss them below.
Deciding Custody Cases
When parents who aren’t in a relationship have a childcare dispute, the family court steps in. Courts presume that the best childcare arrangement is to give the parents joint custody. But sometimes, courts grant custody to a third party who has acted as a de facto custodian. A grandparent can be a de facto custodian in a family law case and may have a right to custody of their grandchild. But ultimately, family courts must create custody orders that serve each child’s best interests.
What Is a De Facto Custodian?
A de facto custodian is someone who meets the following criteria:
- If the child is under three—the de facto custodian has had physical custody of the child for a total of six months or longer in the last two years; or
- If the child is three or older—the de facto custodian has had physical custody of the child for a total of one year or longer, or the child has been placed by the Department for Community-Based Services.
Many grandparents can fulfill one of the above-listed standards. If so, they can become de facto custodians who have standing in family law cases.
Best Interests Standards in Custody Cases
Kentucky courts consider many factors when determining what’s in a child’s best interests for custody cases. Some of these factors include:
- The child’s wishes;
- The parents’ wishes;
- The de facto custodian’s wishes;
- The child’s relationship with each parent, siblings, and other significant individuals, like grandparents;
- The extent to which a de facto custodian has cared for the child;
- The intent and motivation of each adult involved;
- The health of each party involved;
- Each parent’s ability to provide for the child’s needs and foster relationships between the child and the other parent or de facto custodian; and
- The child’s adjustment to their home, school, and community.
A court might grant custody to a grandparent if they are a very involved de facto custodian and the child wants to live with them.
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Placement in Dependency and Neglect Cases
In childcare cases involving abuse or neglect, the government might place the abused or neglected child in a new home. The new home can be with foster parents the child doesn’t know or with relatives, including grandparents. Once again, the best interests of the child are the standard for making these decisions.
Placing Children with Relatives
Placing an abused or neglected child with a capable relative is often the preference in dependency and neglect cases. Placement with a relative is typically the least restrictive option and might help with family reunification (if possible). Also, the child has the right to give input about where they will live.
Foster Child Rights
Children in foster care have many rights. A handful of these rights include:
- Receiving placement in the least restrictive environment that is close to their home,
- Visiting and talking on the phone with their family,
- Participating in their dependency and neglect proceedings, and
- Expressing opinions about their placement.
When a child asserts these rights, they can request placement with a grandparent.
How Old Does a Child Have to Be to Decide Where They Want to Live?
At what age can a child choose to live with their grandparents? There’s no specific age that gives children the right to choose who they live with under Kentucky law. The judge will determine if they want to listen to the child and take his or her opinion into consideration.
However, judges consider the influence that the child’s parents or de facto custodian may have over these opinions. So, a court might not give as much weight to a younger child’s opinion because they tend to be more susceptible to outside influences.
Can My Child Live With Grandparents Without Custody?
A child can live with grandparents without legal custody if the parents give permission, but the parents keep legal rights. To manage school, healthcare, and emergencies, a temporary guardianship or power of attorney is recommended, especially when parents are unavailable.
Can a 14 Year Old Choose to Live With Grandparents?
A child cannot legally choose to live with a grandparent until age 18, as parents retain legal custody. Courts may consider a child’s preference in custody disputes around ages 12–14, but this usually applies to choosing between parents. Grandparents generally need a court order proving parental unfitness to gain custody.
Courts limit grandparent custody to cases where parents are deceased, unfit, or consent to custody transfer. So even if a child prefers living with a grandparent, it typically requires a court order or agreement between both parents.
Frequently Asked Questions
Can a grandparent get emergency custody in Kentucky?
Yes. In emergency situations where a child is in immediate danger, a grandparent can petition the court for emergency temporary custody. The court can act quickly in these cases without waiting for a full hearing. Evidence of the emergency — such as a parent’s arrest, hospitalization, or documented abuse — is typically required.
Can a grandparent get visitation rights in Kentucky even if the parents are still together?
Under Kentucky law (KRS 405.021), a Circuit Court may grant reasonable visitation rights to grandparents if it determines visitation is in the best interest of the child. However, when both parents are fit and object to grandparent visitation, courts give substantial weight to the parents’ decision, making it significantly harder for grandparents to succeed.
What is the difference between grandparent visitation and grandparent custody in Kentucky?
Visitation gives a grandparent scheduled time with the child but no authority over daily decisions. Custody — either legal or physical — gives the grandparent actual decision-making power and/or the right to have the child live with them. Custody requires a higher legal standard to obtain than visitation.
Wondering if a child can choose to live with a grandparent? Reach out to us today
Every family situation is unique. With more than 38 years of experience, Pamela C. Bratcher, Attorney at Law, has the experience and skill to help during challenging times. She can help you understand your custody or placement rights and options. For a consultation, call us or reach out to us online.
Grandparent Custody Cases in Warren County, Kentucky
Warren County Family Court in Bowling Green handles grandparent custody and visitation cases regularly. Pamela Bratcher has appeared in Warren County courts on behalf of grandparents and families for over 38 years. She is also familiar with cases across Warren County, Allen County and the surrounding region. If you are a grandparent in southwestern Kentucky trying to understand your rights, a local attorney who knows how these courts operate makes a real difference.