Louisville Grandparents’ Rights Attorneys

Divorce rates have been increasing rapidly in the United States, and as such, understanding the issues of child custody and support has become increasingly relevant to families in Kentucky. However, throughout this process, too much emphasis has been placed on parental rights as they attempt to decide how to split custodianship, and in many unfortunate cases, no one thinks to consider the rights of grandparents.

Many people wrongfully assume that grandparents do not have any say in the matter at all and do not possess legal rights for visitation in the way that parents do. In some situations, in Kentucky grandparents can have legal rights to see their grandchildren. However, these cases are not easy, and very fact specific.

Contact us now at (502) 812-1889 so our attorneys can address your concerns as a grandparent in Kentucky. Please note that we charge a flat fee for the initial consultation.

Do Grandparents Have Rights to See Their Grandchildren in Kentucky?

In certain situations, grandparents may be entitled to have grandparent visitation. Grandparent visitation is not guaranteed under Kentucky law, but is dependent on the facts of each and every case. The Court will often consider the following factors:

• The child’s age.
• The length of relationship between the grandparent and the grandchild.
• Any evidence that the child has an essential, intimate relationship with the grandparent.
• Any evidence that the child has stayed or lived in the grandparent’s home for a period of time.
• The child’s preferences and desires, if they are old enough to reasonably express their wishes.
• The reason the parents do not want the grandparents to have visitation.

Can Grandparents Seek Grandchildren Custody?

In certain situations, grandparents may seek custody of their grandchildren. Kentucky law allows for grandparents to petition for custody under the following circumstances:

• Parental Unfitness: If a grandparent believes that the child’s parents are unfit—due to reasons like drug abuse, neglect, or mental health issues—they may file for custody. A Louisville grandparents’ rights lawyer can assist in gathering evidence to support the claim that the child would be better off in the grandparent's care.

• Child Abuse or Neglect: If a grandparent suspects or has evidence that a child is being mistreated or neglected by their parents, they may file for custody. This action is often seen as an urgent response to protect the child from harm.

• Parental Death or Incarceration: When both parents are deceased or one is incarcerated, the grandparents may seek custody of the child to ensure the child’s well-being.

• Parental Consent: In some cases, parents may voluntarily agree to give custody of the child to the grandparent. This can happen in situations where the parents are unable to care for the child due to personal difficulties, and the grandparents agree to provide the child with a stable home environment.

When pursuing custody, grandparents must demonstrate to the court that their custody is in the best interest of the child and that they are capable of providing a stable and loving home environment. Legal counsel from Louisville grandparents’ rights attorneys is essential for ensuring that all aspects of the case are thoroughly examined and that the grandparents’ case is presented effectively in court.

What is the Legal Process in Seeking Visitation or Custody?

If you are a grandparent seeking visitation or custody, there are several important steps to take:

1. Consult with a Louisville Grandparents’ Rights Attorney: It’s essential to work with an experienced attorney who understands Kentucky law and can guide you through the legal process. They can help you assess your case, gather evidence, and file the appropriate paperwork.
2. File a Petition: To request visitation or custody, you will need to file a petition with the court. The petition should outline why you are seeking visitation or custody and explain how the child’s best interests will be served.
3. Attend a Hearing: In most cases, there will be a court hearing where both the grandparents and the parents can present evidence and arguments. A Louisville grandparents’ rights attorney can represent you in court, ensuring that your case is presented effectively.
4. Follow the Court’s Decision: If the court grants visitation or custody, it will issue an order outlining the terms. It’s important to follow the court’s decision and ensure that your rights are upheld.

If the court denies your request, you may have the option to appeal the decision. A knowledgeable Louisville grandparents’ rights lawyer can help you determine whether an appeal is appropriate and assist you with that process.

What are Common Challenges to Grandparents’ Rights?

While Kentucky law provides a path for grandparents to seek visitation or custody, there are challenges that must be overcome. The following are some of the challenges grandparents may face:

• Parental Objection: If the parents object to the grandparent’s request for visitation or custody, the court will give significant weight to the parents’ rights to make decisions for their child. This can make it difficult for grandparents to gain visitation or custody unless they can show that it is in the best interest of the child.
• Burden of Proof: Grandparents seeking custody must show that the child’s parents are unfit or that circumstances warrant a change in custody. This burden of proof can be difficult to meet without sufficient evidence.
• Court’s Favor Toward Parental Rights: Kentucky law generally prioritizes parental rights over the rights of grandparents. If the parents are deemed fit, it can be challenging for grandparents to gain visitation or custody unless there are compelling reasons to do so.

A Louisville grandparents’ rights lawyer can help grandparents navigate these challenges by gathering the necessary evidence, providing legal representation, and advocating for the grandparents’ rights while considering the best interests of the child.

Detailed Legal Counsel From Our Grandparents' Rights Attorneys

At Winner Law Group, LLC, we understand that grandparents have a powerful connection with their grandchildren, imparting crucial wisdom and care to these young people. Even when children’s parents have separated, they should not be denied relationships with their beloved grandparents. This is why it is essential to discuss your situation with our grandparents’ rights lawyers in Louisville as rapidly as possible.

While people often assume that a child’s parents are the only ones entitled to receive custody, this is not always the case. Should it come to light that neither of a child’s parents is at a stage where they should care for the child, whether because of criminal behavior or sheer neglect, a grandparent may be a better alternative for receiving guardianship or even custody of the child. These cases can become quite complicated, however, so it is important to discuss your unique situation with Winner Law Group, LLC as soon as you can. With our grandparents’ rights attorneys in Louisville, you can trust on having powerful legal advocacy for your case, no matter its complexities.

Call us today at (502) 812-1889 or contact us online, and we can immediately schedule a consultation to further discuss your case for grandparent rights.

Commonly Asked Questions

What rights do grandparents have when the parent of the grandchild passes away in Kentucky?

In Kentucky, when a parent of a child passes away, the surviving grandparent may be able to seek visitation or even custody of the grandchild. Kentucky law prioritizes parental rights, but if one parent has died and the other is unfit or unable to care for the child, a grandparent can petition the court for custody or visitation. The court will determine if granting these rights is in the best interest of the child.

Can a grandparent file for emergency custody in KY?

Yes, a grandparent can file for emergency custody in Kentucky under certain circumstances, such as when the child is in immediate danger or is being neglected or abused. The grandparent must provide evidence of the emergency situation, and the court will consider the child’s safety and well-being when making a decision. Emergency custody is typically temporary until a full hearing can be held.

Can my child stay with grandparents?

Yes, a child can stay with their grandparents if the parents consent, or if the child’s parents are unable to care for the child. If the parents are unwilling, a grandparent may seek legal custody or visitation rights through the court, especially if there are concerns about the child’s safety or well-being in the parents’ care. The court will always consider the best interests of the child in making its decision.