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1. Do Grandparent have rights in KY? 2. Do aunts have rights in KY? 3. what steps would you need to do to inforce the rights

Erlanger, KY |

my sister passed away 6 years ago, and prior to her death we were a really big part of there life and a really big part of her childrens lives. we were involved daily. over the past 6 years our visitation with the oldest of her 2 children has became less and less and more strick. the youngest of her 2 kids her husband has done everything he can not to let the youngest get to know us, but the youngest dose know us an love us and wants to be able to spend time with us but isnt allowed only at birthdays.
like i said prior to her death we were a really big part if their daily lives and even after her death we have stayed as involved as we can. but now it is getting to the point where the father isnt wanting to let us even spend time with the older child and i am ready to take action legally

Attorney Answers 1

  1. Yes, you should contact an attorney who handles family law matters in your jurisdiction (like me).
    Rights are established under KRS 405.021, which states:

    KRS 405.021: Reasonable visitation rights to grandparents.
    (1) The Circuit Court may grant reasonable visitation rights to either the paternal or
    maternal grandparents of a child and issue any necessary orders to enforce the
    decree if it determines that it is in the best interest of the child to do so. Once a
    grandparent has been granted visitation rights under this subsection, those rights
    shall not be adversely affected by the termination of parental rights belonging to the
    grandparent's son or daughter, who is the father or mother of the child visited by the
    grandparent, unless the Circuit Court determines that it is in the best interest of the
    child to do so.
    (2) The action shall be brought in Circuit Court in the county in which the child resides.
    (3) The Circuit Court may grant noncustodial parental visitation rights to the
    grandparent of a child if the parent of the child who is the son or daughter of the
    grandparent is deceased and the grandparent has assumed the financial obligation of
    child support owed by the deceased parent, unless the court determines that the
    visitation is not in the best interest of the child. If visitation is not granted, the
    grandparent shall not be responsible for child support.

    Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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