The relationship a child has with their grandparents can be special, especially in situations where they helped raise them. When contact is suddenly cut off following a divorce or death, it can have a traumatic impact on a young person’s life.
You might have the right to petition the court for visitation in these situations. In rare cases, it may even be necessary to ask a judge to award you custody. With the help of our compassionate family attorneys, it may be possible to protect this relationship that you hold so dear. Contact an Erlanger grandparents’ rights lawyer today to learn more.
Visitation Rights
Kentucky has long recognized the importance of contact between children and their grandparents, but the process for obtaining legal visitation rights has become more complicated since 2018. Under current law, the standard for acquiring these rights against the wishes of the current guardians is difficult.
The law presumes that parents are acting in the best interest of their children when they limit contact with other people. That means securing visitation in these instances requires a strong case.
At their core, these cases are about determining what is best for the child. While the law presumes that parents act in their best interest, a grandparent could provide clear and convincing evidence to the contrary. This is a high burden that will not be met in every scenario. It must be abundantly clear that terminating this relationship is a bad thing for the juvenile to endure.
If visitation is awarded, it can outlive the rights of others. For example, this visitation could continue even if parental rights are ultimately terminated. Our grandparents’ rights lawyers in Erlanger could answer questions and aggressively pursue visitation through the court system.
Pursuing Custody
While there are strict limitations on when a grandparent can obtain visitation rights from a Kentucky court, the steps to gain full custody are even more difficult. A judge will not remove a parent’s rights without good reason. In order for a grandparent to have any potential for successfully petitioning for custody, they will need to prove to a judge that the child’s parents are unfit.
Another option to be aware of is “de facto custody.” A grandparent could have the right to make a custody claim without showing unfitness if they can prove they have acted as de facto custodians of the juvenile.
A person qualifies for this status if they can show that they were the primary caretaker for a juvenile for between six months and a year, depending on their age. This means taking care of the children and providing for them financially.
Individuals who obtain this status have the same rights at custody hearings as any legal parent or guardian. They can rely on our Erlanger grandparents’ rights attorneys to argue that living with them is in the child’s best interest.
Talk to a Grandparents’ Rights Attorney in Erlanger Today
No child should ever have to face the termination of such an important relationship. If you are considering legal action to obtain visitation or even custody, now is the time to act.
Let an Erlanger grandparents’ rights lawyer at Busald Funk Zevely serve as your advocate. Call immediately to get started.