Which county would have jurisdiction

What is the name of your state? Kentucky

I want to file for Grandparents rights. Can someone give me some advice? I am under the impression that the next time I my grandson visits this county, that I can file in the county in which I live, and the case will be heard in this jurisdiction, is this correct? The mother lives in another city.

dfugate said:

What is the name of your state? Kentucky

I want to file for Grandparents rights. Can someone give me some advice? I am under the impression that the next time I my grandson visits this county, that I can file in the county in which I live, and the case will be heard in this jurisdiction, is this correct? The mother lives in another city.

Click to expand...

No. You would have to file in the county where he resides. What are you filing for - and why?

which county would have jurisdiction

I would like to file for visitation. The Mother will grant us visitation and then after we pick and have the week planned she will call and tell us to bring him home. I would like to have a set time to have the visitation. It is hard to make plans when she is so wishy washy.

What makes you think you have a good case? Is the child's father (your son, I assume) passed on?

which county would have jurisdiction

I don't know that I would have a good case. I am just investigating all possibilities. She won't let my son see the child either. We haven't filed for joint custody for him yet either. I am just exploring all avenues. I was under the impression that if he was physically in this county that I could file in that court. Is this incorrect? We have kept him off and on for the last year. Her parents have recently evicted her and told us that we should take him home withus and not bring let her have him. Of course this is impossible but ever her parents realize that she is not the best parent. i.e. drugs promiscuious sex, etc. She has recently moved in with a guy and welfare has demanded that she work. She did for 3 weeks and has recently quit. I am sure when they find out that she will loose some of her benefits and will be asking once again for my help. I would just like to have the court set specific orders for all of us to abide by.

Your son is the one who has rights (assuming he is actually legally the father) and should be enforcing them. You don't, nor do her parents - absent a court order to the contrary. And I believe the county in which the child is a resident is the county where Dad would have to file. You likely have no standing whatsoever, and if you tried to withhold the child from Mom, you could find yourself in a world of legal hurt. You might want to speak with a local attorney about all this.

Thanks for your timely response. We will be speaking with an attorney soon. A local attorney, whom I know socially, indicated to me that we could file in this county. We would be much better off if this were true. I do fully understand that the Mothers rights supersedes all others, excluding the childs.

Reading the other threads in this forum, makes me realize that this type of thing is rampant. If only we adults could realize that just because we love a child, sometimes that is not enough. Children should be raised by 2 loving parents but it seems, even this is a fairy tale in most cases nowdays.

dfugate said:

Thanks for your timely response. We will be speaking with an attorney soon. A local attorney, whom I know socially, indicated to me that we could file in this county. We would be much better off if this were true. I do fully understand that the Mothers rights supersedes all others, excluding the childs.

Click to expand...

You realize, I am sure, that there is no "we" in this situation. You have almost no grounds whatsoever. You son, however, should enforce his rights. And no, the Mother's rights don't supercede all others.

Grandparents rights

Ky. does offer grandparents rights...Go to the Ky.gov site and look up the "KRS STATUTES". Hopefully that will give you some insight to this. It is kinda vauge to a point on how it works...As in if the other biological parent does see the child and such

roadiez said:

Ky. does offer grandparents rights...Go to the Ky.gov site and look up the "KRS STATUTES". Hopefully that will give you some insight to this. It is kinda vauge to a point on how it works...As in if the other biological parent does see the child and such

Click to expand...

You can't read the KY statute and know the true picture in KY. You would also need to read case law from KY since 2000. Case law has dramatically impacted the statute.

This grandmother isn't understanding the replies she has been getting so I am going to be more direct.

1) You cannot file in your county, ever, under any circumstances unless the mom becomes a resident of your county. This goes for you, and your son.

2) If this is an out of wedlock situation then your son is going to have to establish paternity before either he or you could file anything.

3) Its 10 times harder, and more expensive, with a much more uncertain outcome for a grandparent to file for visitation rights. So be wise. Have your son establish his rights and you visit during his time with the child.

If the child is in danger or lacking the minimum for care since his mother was evicted then by all means your son should file for emergency custody in the county where the child curently resides and if he can get the cooportation of BOTH sets of grandparnets, his petition would have a better chance of succeding. Timing of when to do this can be a problem because if you or your son try to take the child during visitation that can backfire as well as if he does it when she has the child, then she may prevent visitation until it is resolved.

Is your son fit and able to take custody or would that entail your assistance? Another possibility is guardianship if it is an emergency situation. Whether or not paternity has been officially established, you indicate having provided significant amounts of care for the child and that both the mother and her parents recognize the paternity of this child. While having custody and visitation on an informal basis may have some advantages at first, as you can see, eventually it breaks down and requires the intervention of the courts.