Legal Question in Family Law in Kentucky
Child Custody
My sons father and i went through a custody battle where i was awarded custody and he received visitations every other weekend. H e has been in and out of jail since it began, and is currently in jail. I have since married and i live with my husband in Fort Campbell, Ky. The paternal grandparents believe that they have rights to the visitations. Is there anything i can do to stop the visitations until he gets his life turned around?
1 Answer from Attorneys
Re: Child Custody
There is a statute in Kentucky that appears to give visitation rights to grandparents. However, there is also a US Supreme Court decision that basically says a state cannot force parents to give visitation to grandparents over the parents' objection. Bottom line is that you do not have to volunteer grandparent visits, grandparents can seek court ordered visitation, if granted you can appeal and most likely win the appeal.
What you really need to ask yourself is whether having time with these grandparents will benefit your child. However, establishing a routine visit could provide a court reason to continue them for the "best interest" of the child. If you allow visits, do not set up a routine or regular time if you want to maximize your chances of retaining control over this issue.
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