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.