Legal Question in Family Law in Kentucky
Grandparents rights under sever circumstances in the state of Kentucky
I live in the state of Kentucky. My ex-husbands mother & step-father are trying to get grandparents visitation rights. I have sole custody of my daughter & my ex-husband is in jail for rape, burgulary and other serious charges, he is currently awaiting trial & has been in jail for over a year. His mother is on anti-anxiety & anti-depressant drugs, his stepfather is on prozac. They are constantly threatening harm to me, telling me that they will take my child & I will never see her again. I allowed them to see my child everyother weekend, but I stopped it due to my child coming home with bruises, falling down the steps at their house, her coming home and telling me they said I was a bad mommy, the threats, and not to mention the monster they raised. I would like to know what kind of rights they are actually entitled to with the circumstances, the fact that I have sole custody, and the fact he is in jail. I appreciate the help!!!
1 Answer from Attorneys
Re: Grandparents rights under sever circumstances in the state of Kentucky
Grandparents do have a right to visitation and in some instances may qualify as de facto custodians. However, it appears you are solely concentrating on the visitation aspect. In order for them to gain some kind of Court ordered visitation they would need to file the appropriate motion. Then the Court would study the situation to see what is in the best interest of the children. There are many factors that would go into this determination.
That is the short of a very complicated scenario that is brewing. Hope that helps, let me know if you need anything else.
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