Legal Question in Family Law in Kentucky

Re: Visitation Rights for Grandparents

The governing statute follows: (KRS = Kentucky Revised Statutes)

KRS 405.021 Reasonable visitation rights to grandparents.

(1) The Circuit Court may grant reasonable visitation rights to either the paternal or maternal

grandparents of a child and issue any necessary orders to enforce the decree if it

determines that it is in the best interest of the child to do so. Once a grandparent has been

granted visitation rights under this subsection, those rights shall not be adversely affected

by the termination of parental rights belonging to the grandparent's son or daughter, who is

the father or mother of the child visited by the grandparent, unless the Circuit Court

determines that it is in the best interest of the child to do so.

(2) The action shall be brought in Circuit Court in the county in which the child resides.

(3) The Circuit Court may grant noncustodial parental visitation rights to the grandparent of a

child if the parent of the child who is the son or daughter of the grandparent is deceased

and the grandparent has assumed the financial obligation of child support owed by the

deceased parent, unless the court determines that the visitation is not in the best interest of

the child. If visitation is not granted, the grandparent shall not be responsible for child

support.

Effective: July 15, 1996

Re: Visitation Rights for Grandparents

I am assuming that this is a Kentucky divorce. There are really no guaranteed "grandparent" visitation rights. You have a right to file a motion and ask the court to grant you some visitation in the best interest of the child BUT the Court must find some reason to go against the parent's decision in this regard. In other words, the parent's opinion on this takes a great deal of priorty. Most Courts will not summarily throw you out and will try to find some way to resolve the matter. It is a difficult situation.

Re: Visitation Rights for Grandparents

You posted your question under South Carolina. You need to go back and ask under Kentucky, as it is a Kentucky legal matter, since that is where the grandchildren are.