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Following a divorce or breakup, the grandparents of the non-custodial parent may suddenly lose contact with their grandchild. This sudden separation can be emotionally devastating for both the grandparent and the grandchild, especially in situations where the grandparent raised or helped raise the child.
A skilled Fort Mitchell grandparents’ rights lawyer could help you build a compelling case for visitation or custody, ensuring your voice is heard and aggressively advocating for the best interests of your grandchild. Reach out to a family attorney at Busald Funk Zevely to discuss your situation.
Grandparents’ Visitation Rights
In the Commonwealth, grandparents can petition the court for visitation rights. In rare instances, the court may even grant custody to a grandparent. According to Kentucky House Bill 517, the law assumes parents know what is best for their children. Therefore, grandparents must present substantial evidence to secure visitation rights.
The court will base its decision on the welfare of the child, considering whether continued visitation is in the child’s best interest. Grandparents pursuing visitation rights must prove that their grandchild would benefit from an ongoing relationship with them and that ending it would harm the child. If granted, visitation rights remain intact even if the non-custodial parent loses their parental rights.
A determined attorney in Fort Mitchell could tirelessly fight for a grandparent’s visitation rights, collect evidence, and craft a persuasive argument.
Pursuing Custody
Pursuing custody as a grandparent in the state is significantly more complex than obtaining visitation rights. To be considered for custody, a grandparent must demonstrate that the parents are unfit to care for the child.
Defining an Unfit Parent
A judge may deem a parent unfit if they consistently make harmful decisions that endanger the child. Specific behaviors that may lead to this decision include:
- Criminal activity
- Domestic violence
- Alcohol or drug abuse
- Untreated physical or mental illness
A family rights lawyer in Fort Mitchell could help grandparents establish one of these criteria to prove a parent unfit. Grandparents may also pursue “de facto custody.” To establish this type of custody, the grandparents must prove that they have acted as the primary caregiver for the child. Depending on the child’s age, they must show that they raised and provided for the child for at least six months to a year. In this case, they are not required to prove the parent unfit.
Steps To Take for Grandparents Seeking Visitation Rights
Grandparents seeking visitation rights bear the burden of proof regarding how their relationship benefits the child. There are several steps a person can take to prepare for legal proceedings.
Document All Interactions
Document communications with the grandchild. Save notes, cards, and summaries of phone calls with them.
Track Visits and Expenses
Keep track of all visits with them and include any money spent on food, gifts, and entertainment.
Gather Evidence for Custody
If a grandparent is considering seeking child custody, they will need to document the unfit behaviors of the parent or prove they supported the child for a substantial period.
Negotiate With the Custodial Parent
Reach out to the custodial parent and try to arrange a reasonable visitation schedule.
State laws can be challenging to navigate without knowledgeable legal counsel. A persistent grandparents’ rights attorney in Fort Mitchell could help someone build a robust case, ensuring their rights are protected.
Ready To Fight for Your Rights? Talk to a Fort Mitchell Grandparents’ Rights Attorney
We attribute our team’s success to our compassion for the bond between grandparents and grandchildren. You should not have to be separated from your grandchild because the custodial parent’s relationship ended. When dealing with a serious family dispute, our attorneys offer decades of experience, honesty, assertiveness, and extensive knowledge of the local court system and litigation strategies.
If you are a grandparent seeking visitation rights or custody, call our office for a free consultation with a Fort Mitchell grandparents’ rights lawyer. We will work diligently to secure the best possible outcome for you and your grandchild.
