Full question:
I am the paternal grandfather of a 6-year-old granddaughter. We all were residing together in Kentucky. Due to the alcoholism of my son I ousted him and his wife from my house. I have a strong affection to my granddaughter. Her parents are not allowing me to visit her. Am I entitled to have visitation with my granddaughter?
- Category: Minors
- Subcategory: Grandparent Visitation
- Date:
- State: Kentucky
Answer:
In Kentucky, grandparents are eligible to have statutory visitation rights. The court may grant visitation rights to grandparents if it is in the best interests of the child. One of the main purposes of the grandparent visitation statute is to prevent a family quarrel of little significance to disrupt a relationship that should be encouraged rather than destroyed. If a grandparent is physically, mentally and morally fit, then a grandchild will ordinarily benefit from the contact with the grandparent. This provision has been provided in KRS § 405.021, which reads as follows:(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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
