How to Modify Grandparent Visitation in Kentucky

Modifying grandparent visitation in Kentucky.

Kentucky law permits grandparents to seek "reasonable visitation" with their grandchildren. Grandparents are able to pursue visitation in court whether or not the parents are married. Some states only permit grandparents to seek visitation in the event the parents divorce. Indeed, the law in Kentucky goes a step further than nearly all other states. Even if the parents parental rights are terminated, if the grandparents obtained court-ordered visitation before that termination, they are able to continue that contact into the future. Kentucky law provides a specific procedure to modify grandparent visitation.

Things You'll Need

• Motion to modify grandparent visitation

Instructions

1. Obtain from the court clerk a sample or form motion to modify visitation. Most court clerk's offices maintain sample or form motions for use by individuals without legal representation.

2. Draft a motion to modify visitation setting forth that as grandparent, you previously were granted visitation rights by the court. Set forth the reasons you desire to modify the current visitation plan or schedule. The motion to modify visitation is not complicated, according to Kentucky law.

3. File the motion to modify visitation with the court clerk.

4. Obtain a hearing date and time from the court clerk for your motion. Kentucky law requires that the parents or any other legally interested party (foster parents, for example) be able to attend the hearing and state their position regarding the proposed visitation modification.

5. Send the motion to modify visitation to the parents or any other interested party. Notify these individuals of the date and time of the hearing as well.

6. Attend the hearing.

7. Present your position regarding the desired modification at the hearing. If you have any specific documents or testimony, provide this information to the court.

Tips & Warnings

• Visitation issues can end up as emotional contests between the parties. Therefore, consider engaging the services of an experienced attorney to represent you in regard to you motion to modify grandparent visitation. Although the Kentucky Bar Association cannot recommend a specific lawyer to assist you, the organization does maintain a directory of attorneys in different practice areas. The Kentucky can association is reached at:

• Kentucky Bar Association

• 514 W. Main Street

• Frankfort KY 40601-1812

• [phone]

• kybar.org

References

• Kentucky Statutes: Reasonable Grandparent Visitation

Resources

• Divorce Law Journal: Kentucky Grandparent Visitation
• Kentucky Bar Association