Grandparents’ Rights in Covington, Kentucky

Kentucky’s Standard for Grandparent Visitation

KRS 405.021(1) permits a Circuit Court to grant reasonable visitation to a paternal or maternal grandparent when it serves the child’s best interests. The court evaluates the child’s welfare based on the evidence, but grandparents and parents don’t enter the proceeding on equal footing.

The Presumption Favoring a Fit Parent

In Walker v. Blair, the Kentucky Supreme Court held that courts must presume a fit parent acts in the child’s best interest. A grandparent must overcome that presumption with clear and convincing evidence, meaning evidence that produces a firm belief that visitation would benefit the child.

It isn’t enough to show that a grandparent loves the child or that contact would generally be positive. The evidence must address the particular child, family relationships, and proposed visitation arrangement. The facts and available proof determine how the standard applies in each proceeding.

Factors Kentucky Courts May Consider

Vibbert v. Vibbert identifies factors courts may evaluate when deciding a request for grandparent visitation. Walker v. Blair also directs courts to consider the motivations of the adults participating in the proceeding.

Relevant considerations may include:

• The nature and stability of the relationship between the grandparent and child.
• The amount of time the grandparent and child have spent together.
• The potential benefits and detriments of visitation for the child.
• The possible effect of visitation on the parent-child relationship.
• The physical and emotional health of the adults involved.
• The stability of the child’s home and school life.
• The child’s wishes when they can appropriately be considered.
• The motivations behind the adults’ positions on visitation.

No single factor controls the decision. We assess how the relevant facts fit Kentucky’s legal framework without promising a particular result.