Family relationships can be complex. People often have questions about their legal rights when relationships become complicated. What happens, for example, when parents keep the grandchildren away from the grandparents? Are the parents allowed to do so? Do the grandparents have any rights?
Can grandparents see grandchildren if the parent (their own child) has died. If so, how?
What happens if a parent’s parental rights are about to be terminated? How does that affect a grandparent’s ability to see a grandchild? When faced with any of the above questions, you should discuss your rights with an attorney. At Clark, Cornett, and Smith, we have the knowledge, skill and experience to tackle the conflict in your case. We will examine the facts of your particular situation, provide our recommendations about your best options and help you resolve your case. If the differences cannot be resolved outside of Court, a judge might have to decide the case. Our attorneys have extensive courtroom experience and will skillfully advocate on your behalf.
Grandparent Visitation When Grandparent’s Son or Daughter Dies
Kentucky has amended it statutes (laws) to allow grandparents who have suffered the loss of a daughter or son a specific legal avenue to seek visitation with their grandchildren.
If the parent of the child who is the son or daughter of the grandparent is deceased, there is now a rebuttable presumption that visitation is in the best interest of the child if the grandparent can prove a pre-existing significant and viable relationship with the child. This must be proved by a preponderance of the evidence.
The Court looks at the following factors: 1) Did the child reside with the grandparent for at last consecutive months with or without the current custodian parents? or 2) Was the grandparent the caregiver of the on a regular basis for at least six months ? or 3) Did the grandparent have frequent or regular contact with the child for at least twelve consecutive months? or 4) Are there any other factors that establish that the loss of the relationship between the grandparent and the child is likely to harm the child?
If you are a grandparent who has suffered such a loss or if you are the surviving parent, we can help you navigate this issue. Contact us today for help with your grandparent visitation rights.
