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Where do I file for grandparent visitation if I live in ky, and kids o indians

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Just Blue

Senior Member
#4
I meant indiana. My phone isnt working properly. The mother got temporary custody in ky
And why do you think that you have the right or even the standing to gain visitation? Do you have 20k+ for the suit? Perhaps some background will help us to help you...:)
 

Vikkie3

Junior Member
#5
The children have lied in my home on an off since irth,because the parents keep getting evicted, I have also een providing food, clothing, etc., all this time. I have been the only one the kids have ever stayed with when parents were not with them. They would come and stay with me for visits for 3 to 2 weeks at a time and have almost daily phone calls. This was stopped by my daughter in law when she took them to Indiana to live with her new boyfriend. She wont give any reason for this. She is still married to my son. No divorce has been filed. I am obviously very close to the kids.
 

Just Blue

Senior Member
#9
The children have lied in my home on an off since irth,because the parents keep getting evicted, I have also een providing food, clothing, etc., all this time. I have been the only one the kids have ever stayed with when parents were not with them. They would come and stay with me for visits for 3 to 2 weeks at a time and have almost daily phone calls. This was stopped by my daughter in law when she took them to Indiana to live with her new boyfriend. She wont give any reason for this. She is still married to my son. No divorce has been filed. I am obviously very close to the kids.
What is your son doing to file for the children to be brought home? Has he bothered?

I am not trying to be harsh ...just trying to get a clear understanding of the situation.
 

Vikkie3

Junior Member
#10
He is in court fighting a false epo that she filed the day she left with her boyfriend. He had no idea what was happening until he called police when she and kids didnt come home that night. Thats when he found out about epo and she left a note with the neighbor that he got the next day
 
#11
I meant indiana. My phone isnt working properly. The mother got temporary custody in ky
It looks like the answer is going to be Indiana. The Kentucky statute that grants grandparents the right to seek visitation requires that the action be filed in the county where the child resides. KY statute section 405.021(2). The Indiana statute similarly provides that in most cases the action is filed in the county where the children reside except where the grandparents are seeking visitation based on the parents having obtained their divorce in Indiana, in which case it is the county where the divorce was issued. Indiana Code (IC) section 31-17-5-4. Note that Indiana restricts the circumstances which a grandparent may seek visitation. Specifically, the IC § 31-17-5-1 says:

(a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.​
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.​

Note that under the U.S. Supreme Court’s decision in Troxel v. Granville, 530 U.S. 57 (2000) the court must start with the presumption that the decision of the parents regarding visitation is in the best interests of the child, assuming the parents are fit. So no matter in what state the grandparent filed for visitation, he or she has that hurdle to overcome. The parents’ constitutional rights with respect to their minor children have to be respected.

The grandparent ought to consult a family law attorney in Indiana for assistance with that. If the grandparent really wants to try seeking visitation in a Kentucky court instead he or she ought to consult a Kentucky family law attorney to see if there is anyway to do that given what the Kentucky statute says regarding where the visitation case must be filed.
 

Vikkie3

Junior Member
#12
I also have power of attorney for medical, school, stating they live at my address because I had them so much, so I would think I have plenty to establish my case.
 

stealth2

Under the Radar Member
#13
What is your son doing to file for the children to be brought home? Has he bothered?

I am not trying to be harsh ...just trying to get a clear understanding of the situation.
I wonder the same - what is yourson doing? Does HE care? And how old are these kids?
 

Just Blue

Senior Member
#14
I also have power of attorney for medical, school, stating they live at my address because I had them so much, so I would think I have plenty to establish my case.
You will need an attorney. But honestly your money would be best spent assisting your son. You stand very little chance.
 
#15
The children have lied in my home on an off since irth,because the parents keep getting evicted, I have also een providing food, clothing, etc., all this time. I have been the only one the kids have ever stayed with when parents were not with them. They would come and stay with me for visits for 3 to 2 weeks at a time and have almost daily phone calls. This was stopped by my daughter in law when she took them to Indiana to live with her new boyfriend. She wont give any reason for this. She is still married to my son. No divorce has been filed. I am obviously very close to the kids.
As a follow-up to my earlier reply, these facts suggest a problem for you in seeking visitation in Indiana. The Indiana statute says that visitation by a grandparent may be sought if your son had died, if your son and his wife had obtained a divorce in Indiana, or the children were born out of wedlock. Well, both of the children’s parents are still living and are still married. So unless the children were born before your son married the mother, it would appear you may not be able to get visitation under Indiana law. And if the kids were born before your son married the mother he must have been determined the legal father before you could seek visitation.

Kentucky law does not have those limitations, but since the kids do not now reside in Kentucky it appears you might not be able to bring the case in Kentucky.

I suggest you consult family law attorneys in both states to see if you have any shot to succeed in seeking visitation in either one of them and then decide what to do from there. It isn't going to be easy with the facts you have.
 
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