Just like parents, most grandparents want what is best for their children and grandchildren. And if you didn’t know, grandparents in Kentucky sometimes have rights to the custody and care of their grandchildren. There are many reasons why grandparents can file for custody of a grandchild in Kentucky, and this guide can help you understand your rights and options.
If you need help with a family law issue, Pamela C. Bratcher, Attorney at Law, is here for you. Pamela Bratcher has more than three decades of experience and a passion for protecting Kentucky families.
Can I Get Custody of My Grandchild?
Can grandparents get custody of their grandchildren? In many cases, yes. Kentucky law recognizes that children need a safe and loving home. While parents have the primary right to raise their children, there are situations where a grandparent can step in. The following are reasons grandparents can file for custody of a grandchild.
The Grandparent Is a De Facto Custodian
When there is a disagreement or concern about the care of a child, the child’s parents can take the matter to family court for a resolution. Some grandparents can also take their concerns to family court. If a grandparent is a de facto custodian, they can ask the court for legal custody of their grandchild.
Kentucky law defines a de facto custodian as a person who has been the child’s primary caregiver and financial supporter for one of the following periods of time:
- For a total of six months or longer within the last two years if the child is under three years old,
- For a total of one year or longer if the child is three or older, or
- For a total of one year or longer if the child has been placed by the Department for Community-Based Services.
A grandparent who fulfills one of the above-listed standards may receive custody if the court decides it would be in the best interest of the grandchild.
The Parents Agree to Give Custody to a Grandparent
In some cases, parents recognize that they are unable to care for their child and voluntarily give custody to a grandparent. This may happen if the parents:
- Are struggling with finances or parenting abilities;
- Are dealing with a temporary crisis, such as illness or incarceration; or
- Believe that their child would have better opportunities with their grandparents.
The court can take the parents’ agreement into consideration and must consider the child’s best interests when making a determination.
Both Parents Are Absent or Unfit to Care for the Child
A grandparent might have the right to custody of their grandchild if both parents are no longer around or are incapable of properly parenting. Let’s dive a little deeper into what this means.
Absent parents
Parents might be absent because they have passed away, or they might be absent because they abandoned their child (for 90 days or more). In either case, the commonwealth may place a child in one of these circumstances with their grandparents.
Unfit parents
A parent is deemed unfit if they are unable to meet their child’s physical, emotional, or developmental needs. This inability can be due to:
- Drug or alcohol abuse;
- A health issue that affects parenting ability;
- A history of child abuse or neglect; or
- A consistent failure to provide the child with basic necessities, such as food, shelter, and medical care.
Courts look at whether the parents’ behavior harms the child’s well-being and whether the parents will likely improve. If a grandparent of an abused or neglected child can provide a stable, loving environment, the court may consider awarding the grandparent custody.
How to Get Custody of a Grandchild
If you believe your grandchild would be better off in your care, there are several steps you can take to become the legal custodian.
1. Consult an Attorney
Custody cases can be complicated. Pamela C. Bratcher, Attorney at Law, can identify your legal rights and guide you through the process.
2. Gather Evidence
The court needs proof that custody with you is in your grandchild’s best interest. Keep records of neglect, abuse, or unsafe conditions that affect your grandchild. Witness statements, correspondence, medical records, and police reports can help support your case. The court may also need proof that you have been caring for your grandchild for an extended period of time.
3. File a Petition
You may have to file a petition in family court to request custody, or you may have to intervene in a juvenile case to ask the court to place your grandchild with you. We can help you complete the necessary paperwork and present your case before the proper judge.
4. Attend a Custody or Placement Hearing
At a hearing, the court reviews the evidence and determines whether granting a grandparent custody is in a child’s best interest. The court considers factors such as the grandchild’s relationship with their grandparents, their current living situation, and the parents’ ability to care for the child.
Take the Next Step with Pamela Bratcher
If you believe your grandchild would be safer and happier in your care, don’t wait. Call Pamela C. Bratcher, Attorney at Law, today to schedule a consultation. We have more than 30 years of experience helping families in custody matters. Our firm provides compassionate and knowledgeable legal guidance. Please call us or contact us online today.
Resource List
- KRS § 625.090, link.