+ Reply to Thread
Results 1 to 13 of 13
  1. #1
    xxviperh202xx is offline Junior Member
    Join Date
    Dec 2010
    Posts
    5

    Exclamation Grandparent rights in Kentucky?

    i'm a widowed father living in Kentucky of a beautiful young daughter age 9.

    My deceased wife's mother whom i have always had a very edgy relationship

    with is now basiclly trying to tell me how to run my home and raise my

    child.After much deliberation i've decided its no longer in the best interest to

    continue going to there home.She use to go every other weekend and some

    holidays and stay from Friday after noon till some time Sunday when i picked

    her up.the reason were having these issues is i have heard her over say my

    daughter is her new little (insert deceased wifes name here) and she has

    asked my daughter if she would like to come live with her behind my back as

    well.Also endless threats of calling social services and saying she will take my

    daughter from me as well.My daughter is a well groomed well feed has strait

    A's in school and is well loved by myself and my girlfriend whom i'm engaged to

    currently.can this woman whom im sure needs mental help take my daughter

    from me or get grandparents rights if i dont want her to see my daughter

    even tho she use to get her every other weekend?
  2. #2
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Gathering evidence
    Posts
    39,788
    Quote Originally Posted by xxviperh202xx View Post
    i'm a widowed father living in Kentucky of a beautiful young daughter age 9.

    My deceased wife's mother whom i have always had a very edgy relationship

    with is now basiclly trying to tell me how to run my home and raise my

    child.After much deliberation i've decided its no longer in the best interest to

    continue going to there home.She use to go every other weekend and some

    holidays and stay from Friday after noon till some time Sunday when i picked

    her up.the reason were having these issues is i have heard her over say my

    daughter is her new little (insert deceased wifes name here) and she has

    asked my daughter if she would like to come live with her behind my back as

    well.Also endless threats of calling social services and saying she will take my

    daughter from me as well.My daughter is a well groomed well feed has strait

    A's in school and is well loved by myself and my girlfriend whom i'm engaged to

    currently.can this woman whom im sure needs mental help take my daughter

    from me or get grandparents rights if i dont want her to see my daughter

    even tho she use to get her every other weekend?



    So your daughter was spending every other weekend with her maternal grandmother? For how long?
  3. #3
    xxviperh202xx is offline Junior Member
    Join Date
    Dec 2010
    Posts
    5
    Since her mothers death in 2002 she goes up there to visit since im not on good terms with my wifes side of the family thanks in large part to my mother inlaw.

    so she goes to visit and see that side of her family.
  4. #4
    TheGeekess is offline Senior Member
    Join Date
    Nov 2007
    Location
    The Heart o' Dixie
    Posts
    9,877
    As a parent of a deceased parent, Maternal Grandmother may very well be able to get visitation rights.

    [url]http://kyjustice.org/system/files/grandparents_handbook.pdf[/url]

    Kentucky (KRS Ann. , § 403. 270 )

    In 1998, the Kentucky General Assembly adopted its version of “de facto” custodian. This law defines the term and requires a court that determines a person is a de facto custodian to give him or her equal standing in court with a child’s parents in cases involving custody of the child.

    To qualify as a de facto custodian, a person (who could be a person other than a grandparent) must show by clear and convincing evidence that the child has lived with him and he has been child’s primary caretaker and source of financial support for:

    1. six months or more, if the child is under three years old; or

    2. a year or more, if the child is three years old or above or has been placed with the caretaker by the state child protective services agency.

    The time a child spends with a grandparent after a parent begins a proceeding to regain custody does not count in determining the required minimum residence and caretaking period.

    In deciding whether to give custody to a parent or a de facto custodian the court must be guided by the child’s best interest and must consider such factors as:

    1. the wishes of the parents, child, and the de facto custodian;

    2. the extent to which the de facto custodian has cared for, nurtured, and supported the child;

    3. the parents’ intent and the circumstances under which the child was placed with the de facto custodian, including whether domestic violence was a factor and whether the child was placed to allow the parent to seek work or attend school; and

    4. the physical and mental health of all individuals involved.

    In addition to awarding custody to one or the other party, the court can award joint custody to the parents and the de facto custodian.

    In February 2003, the Kentucky Court of Appeals upheld this law in the face of a challenge by a parent who argued that it infringed on the “fundamental right of a natural parent” to determine the care, custody, and control of his child. In a two-to-one ruling, the majority noted that the law requires a court to determine “that the natural parent has abdicated his or her role as primary caregiver for a substantial period of time” (Rogers v. Blair, No. 2001-CA-001835-MR, as reported in the Louisville Courier-Journal, February 8, 2003).
    [url=http://www.cga.ct.gov/2003/olrdata/kid/rpt/2003-R-0596.htm]GRANDPARENTS’ CUSTODY OF GRANDCHILDREN[/url]

    [url=http://louisvilledivorce.typepad.com/info/2007/02/kentucky_grandp_1.html]Kentucky: Grandparent Visitation - Divorce Law Journal[/url]

    405.021 Reasonable visitation rights to grandparents.
    (1) 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.
    (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.
    Effective: July 15, 1996
    History: Amended 1996 Ky. Acts ch. 302, sec. 1, effective July 15, 1996; and ch. 314, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 493, sec. 1, effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 136, sec. 1, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 277, sec. 1.
    Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts chs. 302 and 314 which do not appear to be in conflict and have been codified together.
    [url]http://www.lrc.ky.gov/krs/405-00/021.pdf[/url]
  5. #5
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Gathering evidence
    Posts
    39,788
    Please be honest, OP.

    Your daughter has spent the last EIGHT YEARS - which is virtually ALL of her life - having regular visitation with her grandmother.

    Is it REALLY in her best interest to stop that contact?

    And out of interest what does your current fiancee think about it all?
  6. #6
    xxviperh202xx is offline Junior Member
    Join Date
    Dec 2010
    Posts
    5
    So if she wants to see the child she would have to pay support by what i understand from the bold type?

    and considering all she has done would she even be fit to see the child?
  7. #7
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Gathering evidence
    Posts
    39,788
    Quote Originally Posted by xxviperh202xx View Post
    So if she wants to see the child she would have to pay support by what i understand from the bold type?

    and considering all she has done would she even be fit to see the child?


    ...?!

    You've let her see your daughter, regularly, all along.

    So what - specifically and RECENTLY - has changed?

    What PROOF do you have that grandma is NOW harming your daughter?
  8. #8
    xxviperh202xx is offline Junior Member
    Join Date
    Dec 2010
    Posts
    5
    Quote Originally Posted by Proserpina View Post
    Please be honest, OP.

    Your daughter has spent the last EIGHT YEARS - which is virtually ALL of her life - having regular visitation with her grandmother.

    Is it REALLY in her best interest to stop that contact?

    And out of interest what does your current fiancee think about it all?
    Yes i do believe its in her best interest to stop visitation due to my daughter having nightmares and consistenly being upset by my exmother inlaws attempts at tearing our family apart.

    as for my fiancee she has said that she agrees with me but ultimately its my decision because she is my daughter.
  9. #9
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Gathering evidence
    Posts
    39,788
    Quote Originally Posted by xxviperh202xx View Post
    So if she wants to see the child she would have to pay support by what i understand from the bold type?

    and considering all she has done would she even be fit to see the child?


    The way I'm reading it is that the statute outlines the conditions if grandma wishes to have PARENTAL rights.

    She may get non-parental - third party - visitation rights without having to contribute one single cent.

    (Geekess - please correct me if I'm wrong!)
  10. #10
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Gathering evidence
    Posts
    39,788
    Quote Originally Posted by xxviperh202xx View Post
    Yes i do believe its in her best interest to stop visitation due to my daughter having nightmares and consistenly being upset by my exmother inlaws attempts at tearing our family apart.

    as for my fiancee she has said that she agrees with me but ultimately its my decision because she is my daughter.


    And your daughter is counseling, yes?

    Honestly - if grandma files suit, you NEED an attorney. Because frankly she appears to have a much greater chance than most we see here of obtaining court-ordered visitation.

    That's about all that really can be advised here.
  11. #11
    xxviperh202xx is offline Junior Member
    Join Date
    Dec 2010
    Posts
    5
    Quote Originally Posted by Proserpina View Post
    ...?!

    You've let her see your daughter, regularly, all along.

    So what - specifically and RECENTLY - has changed?

    What PROOF do you have that grandma is NOW harming your daughter?
    Nightmares and my daughter crying telling me her grandmother is always asking her to come live with her and consistenly asking what goes on in our home.And constanly telling me how to raise MY child she has over stepped her bounds quite often and is trying to be her mother not her grandmother.
  12. #12
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,338
    Quote Originally Posted by xxviperh202xx View Post
    Nightmares and my daughter crying telling me her grandmother is always asking her to come live with her and consistenly asking what goes on in our home.And constanly telling me how to raise MY child she has over stepped her bounds quite often and is trying to be her mother not her grandmother.
    Get your daughter into counseling ASAP. That is one thing that will truly help her.

    However it is true that this grandma has more chance of prevailing in a grandparent visitation suit than most. Not because of the law that was posted here, because KY case law is pretty deep on the subject, but because of the long term relationship she has with the child and the status quo of you giving her every other weekend.

    However you would be absolutely within your legal rights to cut grandma off in the meantime...and it might be the wise thing to do. It would give your daughter some time off from the pressure grandma is putting her under and that, combined with counseling could be a good thing for her.
  13. #13
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,613
    Does grandma have the resources for an extended court battle? Do you?

Similar Threads

  1. Father's rights in Kentucky
    By anna5475 in forum Child Custody & Visitation
    Replies: 2
    Last Post: 10-03-2010, 06:33 PM
  2. Kentucky Grandparent Rights
    By PoppyTee in forum Grandparent’s Rights
    Replies: 12
    Last Post: 02-01-2009, 04:43 AM
  3. Cosigner Rights- Ohio and Kentucky
    By TheRealFnGame in forum Consumer Contracts, Guarantees and Warranties
    Replies: 3
    Last Post: 09-14-2007, 06:09 PM
  4. Grandparent - Step Grandparent - Rights in Oregon
    By blessedmamaxo in forum Grandparent’s Rights
    Replies: 1
    Last Post: 04-30-2007, 09:56 PM
  5. Grandparents rights for kentucky
    By shrimp64 in forum Child Custody & Visitation
    Replies: 0
    Last Post: 03-03-2005, 12:32 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.