403.320 Visitation of minor child -- Visitation rights of custodial relatives following

321 words·~1 min read·/ky/403-320

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termination of parental rights of others.

(1)A parent not granted custody of the child and not awarded shared parenting time

under the presumption specified in KRS 403.270(2), 403.280(2), or 403.340(5) is

entitled to reasonable visitation rights unless the court finds, after a hearing, that

visitation would endanger seriously the child's physical, mental, moral, or emotional

health. Upon request of either party, the court shall issue orders which are specific

as to the frequency, timing, duration, conditions, and method of scheduling

visitation and which reflect the development age of the child.

(2)If domestic violence and abuse, as defined in KRS 403.720, has been alleged, the

court shall, after a hearing, determine the visitation arrangement, if any, which

would not endanger seriously the child's or the custodial parent's physical, mental,

or emotional health.

(3)The court may modify an order granting or denying visitation rights whenever

modification would serve the best interests of the child; but the court shall not

restrict a parent's visitation rights unless it finds that the visitation would endanger

seriously the child's physical, mental, moral, or emotional health.

(4)Under circumstances where the court finds, by clear and convincing evidence, it is

in the best interest of the child, any relative, by blood or affinity, that was

previously granted temporary custody pursuant to the provisions of KRS 620.090

may be granted reasonable noncustodial parental visitation rights by a Circuit Court

or Family Court as an intervenor or by original action. Once the relative has been

granted visitation pursuant to this subsection, those rights shall not be adversely

affected by the termination of custodial or parental rights of an individual who has

permanent custody of the child unless the court determines that termination of the

visitation rights are in the best interests of the child. The action shall be brought in

the county in which the temporary or permanent custody order was entered or where

the child resides.