405.021 Reasonable visitation rights to grandparents.
367 words·~2 min read·
/ky/chapter-405/405-021A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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.
(b)If the parent of the child who is the son or daughter of the grandparent is
deceased, there shall be a rebuttable presumption that visitation with the
grandparent is in the best interest of the child if the grandparent can prove a
pre-existing significant and viable relationship with the child.
(c)In order to prove a significant and viable relationship under paragraph
(b)of
this subsection, the grandparent shall prove by a preponderance of the
evidence that:
1. The child resided with the grandparent for at least six
(6)consecutive
months with or without the current custodian present;
2. The grandparent was the caregiver of the child on a regular basis for at
least six
(6)consecutive months;
3. The grandparent had frequent or regular contact with the child for at
least twelve
(12)consecutive months; or
4. There exist any other facts that establish that the loss of the relationship
between the grandparent and the child is likely to harm the child.
(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.