Can a grandparent sue for access to a grandchild?

The court will grant the grandparents’ request if they are eligible and access is in the best interests of the grandchild. Where both of the parent’s rights are terminated, the grandparent generally has no right to request to see the child. Grandparents may not sue for access when the grandchild’s parents are married and living together.

Can a grandparent request to see a grandchild?

the grandchild lived with the grandparents for a period of time before the suit was filed. The court will grant the grandparents’ request if they are eligible and access is in the best interests of the grandchild. Where both of the parent’s rights are terminated, the grandparent generally has no right to request to see the child.

When do grandparents need to apply to court?

If you cannot agree to visitation with the parents, grandparents may apply to the court.

Can a grandparent petition the court for visitation?

Laws prohibit you from petitioning the court for visitation once a new family has adopted your grandchild. TIP: Laws in some states allow grandparents to petition the court for visitation if a relative, as opposed to non-family member, adopts the child after parental rights were terminated.

Can a parent refuse to give a grandparent visitation?

If both parents agree that the court should not grant visitation to a grandparent, the court will then presume that visitation is not in the child’s best interest. The grandparent seeking visitation will then have to counter that presumption by demonstrating that the parents are unfit.

Can a court give grandparents full custody of a child?

If there is evidence of child abuse or neglect, the Law can award Grandparents full custody or shared custody with the parents. However, the Court will only do this if it is in the best interests of the child.

Can a court give a grandparent visitation in Kentucky?

According to Kentucky statute, a court may award visitation rights to a grandparent if visitation would be in the child’s best interest. A court may award a grandparent the same visitation rights as they would award a parent who does not have custodial rights to the child.

How can grandparents get access to their grandchildren?

A Grandparent who wants access to their Grandchildren must make a petition for a Parenting Order with the Family Court if they want access or even potentially custody of their grandchildren. The Grandparents are more likely to be approved if the parents of the child are unwilling to care for the child or lacks the capacity to do so.