Discreet Family Law Representation

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Do grandparents have rights in custody arrangements?

On Behalf of | Jul 19, 2021 | Firm News

Divorce is hard on families, and parents do their best to establish custody agreements that serve the best interest of the children.

Sadly, through no fault of their own, grandparents often find themselves without access to their grandchildren during and after difficult divorce proceedings.

Grandparents’ visitation rights

Kentucky is one of several states that have passed laws recognizing grandparents’ rights. If you can show proof of an existing relationship between yourself and your grandchild, you may be eligible to petition the court for visitation.

If a judge decides that your established bond is in the best interest of the minor child, then the court may award you the right to reasonable visitation, which you can then schedule with the custodial parent. You may also retain the right to seek modified visitation if your arrangement is inadequate.

The court’s considerations

As with any case involving children, there are many factors that the judge will consider before granting you grandparents’ visitation, including:

  • Your physical and mental well-being
  • The wishes of the child
  • The concerns of the parents about your influence

If other issues such as the death of a parent or a termination of parental rights complicate your situation, you may still have legal options to explore.

As a grandparent, you should be a significant figure in the lives of your grandchildren regardless of their parent’s marital status. Knowing your rights under Kentucky law and understanding the family court process can help you gain as much meaningful time with them as possible.