READYANN said:
Usually in most states it does but this backwards state says if the gp would actively involved especially in the last year they can get gp rights. It also has to do with when they file for rights after the tpr. The tpr was three years ago so we feel pretty safe and we feel that the judge will lean our way.
Actually, its not just in KY. In most states biological grandparents have standing to sue for visitation if the child has been adopted by either a stepparent or a relative. The intent was to allow biological grandparents who were active in the child's life to remain involved in the event of a deceased parent or parents and a subsequent stepparent or relative adoption. However, with parents increasingly having their parental rights terminated due to abuse, neglect or abandonment the issue has become much murkier.
It is difficult for a grandparent to win such a case, particularly if they have not been actively involved in the child's life for a significant period of time. What they basically have to prove is that they have a close and loving relationship with the child, and that it will hurt the child if that relationship were to end. The judge must presume that the parents are acting in the best interest of the child and the burden of proof is on the grandparents to overcome that presumption.
If the grandparents were to win, and it was discovered that the grandparents used that visitation to establish a relationship between the biological mother and her other children, the courts would quickly vacate/terminate any visitation orders. That is a huge no-no.
I suspect that once you demonstrate to the court that the biological mother invaded the child's school and made contact with the child, upsetting the child...that the grandparent's motives will become apparent.
You may be ordered to mediation. DO NOT make any agreements. Make the judge hear the evidence and make an order based on the merits of the case. That is the only way to preserve your rights to appeal, and that is something that you may end up wanting to do. The majority of parents win on appeal, even if they do lose at the trial court level.