Legal Question in Family Law in Kentucky

My daughter (whom is A drug addict) signed legal temporary custody over to her exhusbands (whom is also a drug addict) parents of which she lost all rights (custody) to them. I am the maternal grandmother of these children & do no longer have a relationship with my daughter. I am especially close to the eldest grandchild & have been devastated by this. I am a God fearing Christian person & I have always lived in a very stable & loving environment. My grandchildren have been cut off from seeing or having contact with myself , not legally but through the custodial grandparents. My eldest Grandaughter has recently, secretively made contact with me begging I get custody of her. Do I have a legal recourse I may persue? Do I have rights as the Maternal Grandmother? Sincerely Thankyou


Asked on 6/01/12, 1:05 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

The answer to your question is actually very fact specific. In other words, an attorney will not be able to give you a great idea of what your options are and the likely results without sitting down with you and going over many different aspects of the case. In general though, you have a statutory right to SEEK visitation. I emphasize the word "seek" because there is also U.S. Constitution case law that limits the impact of that Kentucky statute.

As far as a "right" to seek custody, you most likely can not force a court to consider this, but you can seek a "permissive" joinder to the already existing custody action. This basically means you can ask the court to, pretty please, let you into the case and argue your point, but the court does not have to allow it. So, the way you approach the court - your strategy - will matter a lot.

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Answered on 6/02/12, 10:23 am


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