Legal Question in Family Law in Kentucky
Grandparent's Rights
My Mom has Grandparent's Rights of my deceased brothers children. Does she have the same rights as he would as a divorced parent?
1 Answer from Attorneys
Re: Grandparent's Rights
I am not sure what you mean by "Grandparent's" rights. This normally means that a right to visit has been ordered by a court. Since the grandparent is not a parent, he or she cannot have the same rights as a divorced person. If the grandparent has been awarded custody then it is a different matter and he or she stands in the same position as parent. Under Kentucky law, there is no "grandparent right" to visit in the absence of permission by the parent or parents, divorced or otherwise. Grandparents can sometimes be granted visitation rights if the Court finds that it is in the best interest of the child but there has to be a STRONG showing that the visit would be in the child's best interest to order visitation over the parent's objection.