Grandparents play an essential role in many families throughout Kentucky. But when a grandchild’s parents file for a divorce or separate, such an event can affect the relationship between the child and the grandparents. Read to learn about grandparent visitation rights in Kentucky. If you have questions regarding grandparent visitation rights, call us today! Schedule your free consultation.
Key Points
- Grandparents do not have automatic visitation rights in Kentucky, but they can request them in situations like divorce, separation, or the death of a parent by proving that visitation serves the child’s best interests.
- Courts presume parents act in their child’s best interests, so grandparents must show a strong, positive relationship that benefits the child’s emotional and social well-being.
- To obtain visitation rights, grandparents must file a petition in family court where the child lives and present evidence that continued contact supports the child’s welfare.
Do Grandparents Have Visitation Rights?
In Kentucky, visitation rights are defined as the legal ability of someone without custody of a child to spend court-approved time with them. But do grandparents have visitation rights? Grandparents do not have automatic visitation rights, but state law allows them to request visitation in specific circumstances.
The law recognizes that grandparents can play a valuable role in a child’s life. However, absent contrary evidence, Kentucky courts typically assume a parent acts in their child’s best interests, including by preventing contact between the child and grandparent. Therefore, if a parent objects to grandparent visitation, the grandparents must demonstrate why visits are in the child’s best interests.
When Can Grandparents Get Visitation Rights?
In many families, grandparents do not need visitation rights because parents welcome and encourage their involvement in their grandchildren’s lives. Visitation rights only become necessary when disagreements arise or family circumstances make it difficult for grandparents to maintain contact with their grandchildren.
So, when can grandparents get visitation rights? Kentucky law allows grandparents to request visitation in specific situations, including:
- Divorce or separation. When parents divorce or separate, one parent may limit or block access to grandparents on the other side of the family. A grandparent may seek visitation to preserve that important relationship.
- Death of a parent. When one parent dies, the surviving parent sometimes restricts or ends contact with the deceased parent’s family. In these cases, grandparents may petition to maintain the child’s bond with the extended family.
- Unmarried parents. If parents were never married, a grandparent may need a court order to ensure regular visits, especially if one parent restricts access.
- Strained family relationships. Even when parents remain together, serious family conflict can sometimes cause one or both parents to block visitation. In rare cases, grandparents may petition the court to preserve the relationship.
- Adoption. If a stepparent or another relative adopts a child, grandparents may request visitation, depending on the timing of the adoption and the child’s best interests.
Grandparents request visitation by filing a written request with the county family court where the child lives. In Kentucky, the Circuit Court hears grandparent visitation cases.
Factors Influencing Judges’ Decisions on Grandparent Rights in KY
When deciding whether visitation is appropriate, the court considers whether it is in the child’s best interests.
Common factors the court will consider include:
- The grandparent’s relationship with the grandchild,
- The amount of time the grandparent spends with the grandchild,
- How the court-ordered visitation will affect the parent’s relationship with their child,
- Each party’s physical and emotional well-being, and
- The child’s wishes (depending on their age).
The Circuit Court may grant visitation rights to a child’s grandparents if it determines it this is in the child’s best interest. The court may also issue necessary orders to enforce the decree, such as setting a specific visitation schedule or requiring make-up visits.
Remember, state courts automatically presume parents act in their child’s best interests, which includes approving or rejecting grandparent visitation rights.
Therefore, if one or both parents object to grandparent visitation, the grandparent(s) must overcome this presumption by showing how court-ordered visitation is in the grandchild’s best interests. Generally, this means demonstrating that the grandparent-grandchild bond is strong and that retaining it is in the child’s best interests.
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Adoption, Termination of Parental Rights, and Visitation
Additionally, if the grandchild’s parents place the child for adoption and terminate their parental rights, grandparent visitation may continue if the grandparent obtains a visitation order before the adoption concludes. However, if the grandchild is adopted before a grandparent obtains court-ordered visitation rights, the biological grandparents may lose their chance to make the request.
In that case, the child’s adoptive grandparents become potentially entitled to request visitation. Once they have no legal relationship to the child, biological grandparents may struggle to convince a judge that visitation rights are in the child’s best interests.
How to Request Grandparent Visitation Rights
Grandparents may request visitation by filing a petition in the county family court. The “petition” is a written request asking the court to officially decide whether to order grandparent visitation.
To file for grandparents’ rights in Kentucky, submit a petition to the court where your grandchild lives. Then attend a hearing and present evidence that visitation benefits the child. Visitation requests must show a strong existing relationship and that ongoing visits serve the child’s best interests.
Once the grandparent files the petition, they must serve the parents with the court documents. Then, the court schedules a hearing to determine whether visitation is in the child’s best interests.
At the hearing, the grandparent should be prepared to show evidence of:
- The relationship and bond between grandparent and grandchild;
- The role the grandparent plays in the child’s life; and
- How ongoing contact benefits the child’s emotional, social, or physical well-being.
If the judge concludes that the grandparent having visitation rights is in the child’s best interests, the court issues an order granting visitation rights.
Grandparents who already have a visitation order may request more time by modifying the order. If the child’s parent prevents a grandparent from visiting, the grandparent may ask the court to enforce the order. Enforcement can include additional legal steps to ensure the visits occur as scheduled, like holding the parent in contempt of court, imposing fines, or ordering make-up visitation time.
Frequently Asked Questions (FAQs)
Can a Parent Stop Grandparent Visitation?
Yes. Parents can object to visitation, and courts begin with the assumption that parents act in their child’s best interests. If a parent objects, grandparents must show the court that visitation benefits the child’s well-being.
Do Grandparents Have Rights After Adoption?
It depends. If grandparents already have a court order granting visitation, those rights may continue after adoption. But if the adoption occurs before a visitation order is in place, the biological grandparents usually lose out on visitation rights.
How Do Grandparents Apply for Visitation?
Grandparents must petition the county family court where the child lives to hear the case. The Circuit Court judge then reviews the petition and decides whether visits serve the child’s best interests.
Can a Grandparent Change a Visitation Order?
Yes. If circumstances change, a grandparent may ask the court to change the order. To modify the order, they must file a written request with the court and demonstrate why the change would be in the child’s best interest.
Get Help with Grandparent Visitation Rights from Our Bowling Green Family Lawyer
If you want to obtain, modify, or enforce grandparent visitation in Bowling Green, contact the Law Office of Pamela C. Bratcher today at (270) 783-8311 for experienced legal assistance. We have been serving clients in Kentucky since 1988!
Our Bowling Green office is at 943 College St, Bowling Green, KY 42101, United States.