Legal Question in Family Law in Kentucky

Grandparents rights

My Grandchildren have spent weekends with me ever since they were a couple months old. The oldest one is now ten and the youngest is eight.

Now My ex son inlaw is telling me I can no longer keep my grandsons.

Do I have any legal righrs as a grandparent?


Asked on 8/18/08, 4:46 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Grandparents rights

There is a blend of Kentucky statutory law and US Constitutional case law that goes into the answer to your question and it is highly dependent upon more of the factual background that you were able to provide in your question. Bottom line is that grandparents have enough "rights" to petition a court to establish visitation, but not enough to guarantee winning visition. Beyond that, it really depends on each individual situation: whether the parents are some how unfit, what impact there is on the children, what financial support you have provided (like paying the parent's child support obligation) and other factors.

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Answered on 8/19/08, 9:02 am
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Grandparents rights

A grandparent does not have custody rights to a child superior to that of a natural parent. If your daughter is still alive, she can petition the court for custody and give you liberal overnight visitation with the children.

A Kentucky statute (KRS 405.021) grants grandparents visitation rights. Nevertheless, some Kentucky courts have used the "best interests of the child" standard to limit or even deny such visitation.

You would be well advised to obtain the services of a Kentucky lawyer with some Family Law experience immediately.

You can get a referral to a Kentucky Family Law attorney by reaching the Kentucky Bar Association by telephone or on the internet. Good Luck!

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Answered on 8/18/08, 5:23 pm


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