(1) (a) 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.
(b) If the parent of the child who is the son or daughter of the grandparent is
deceased, there shall be a rebuttable presumption that visitation with the
grandparent is in the best interest of the child if the grandparent can prove a
pre-existing significant and viable relationship with the child.
(c) In order to prove a significant and viable relationship under paragraph (b) of
this subsection, the grandparent shall prove by a preponderance of the
evidence that:
1. The child resided with the grandparent for at least six (6) consecutive
months with or without the current custodian present;
2. The grandparent was the caregiver of the child on a regular basis for at
least six (6) consecutive months;
3. The grandparent had frequent or regular contact with the child for at
least twelve (12) consecutive months; or
4. There exist any other facts that establish that the loss of the relationship
between the grandparent and the child is likely to harm the child.
(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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 197, sec. 1, effective July 14, 2018. -- Amended
1996 Ky. Acts ch. 302, sec. 1, effective July 15, 1996; and ch. 314, sec. 2, effective
July 15, 1996. -- Amended 1994 Ky. Acts ch. 493, sec. 1, effective July 15, 1994. --
Amended 1984 Ky. Acts ch. 136, sec. 1, effective July 13, 1984. -- Created 1976 Ky.
Acts ch. 277, sec. 1.
Notes of Decisions
Cited in
75
cases (
23 in the last 5 years), 1987–2025 · leading case:
Walker v. Blair
Walker v. Blair (2012)
ky · cites it 15×
“And a few months later, Steve’s mother, Donna Blair (“Blair”), filed a petition under KRS 405.021(1) to establish grandparent visitation with five-year-old B.”
Troxel v. Granville (2000)
scotus · cites it 2×
“§ 38-129 (1993); Ky. Rev. Stat. Ann. § 405.021 (Baldwin 1990); La.”
Goodlett v. Brittain (2018)
kyctapp · cites it 5×
“However, the trial court's interpretation and application of KRS 405.021 in accordance with federal constitutional law and the application of the appropriate standard to the facts are issues of law and subject to de novo review by this Court.”
VanWinkle v. Petry (2007)
kyctapp · cites it 11×
“In the alternative, the Petrys asked for visitation pursuant to KRS 405.021 if the court declined to grant them permanent custody.”
Hicks v. Enlow (1989)
ky · cites it 7×
“In two of these cases the issue is whether grandparents’ rights to seek reasonable visitation as provided for in KRS 405.021 have been cutoff by legal adoption, and one, C.”
Vibbert v. Vibbert (2004)
kyctapp · cites it 3×
“The matter came to a hearing on May 29, 2002, before a domestic relations commissioner (DRC). The DRC granted Grandfather’s request for visitation, but held that Dorothy, being a step-grandparent, had no visitation rights.”
Hamilton v. Duvall (2018)
kyctapp · cites it 6×
“If granted, the motion's effect would have been to avoid compliance with the grandparent visitation statute, KRS 405.021. Arguably, that was the intent.”
Cole v. Thomas (1987)
kyctapp · cites it 5×
“The petition was brought pursuant to KRS 405.021 which permits a circuit court to grant reasonable visitation rights to the grandparents of a child if it determines that it is in the child’s best interest to do so.”
Grayson v. Grayson (2010)
kyctapp · cites it 7×
“1992) relied on by Grandmother states, “one of the main purposes of the statute (KRS 405.021) is to prevent a family quarrel of little significance to disrupt a relationship which should be encouraged rather than destroyed.”
Dotson v. Rowe (1997)
kyctapp · cites it 6×
“In order to respond to the changing dynamics of the familial relationship in today’s society, KRS 405.021 now provides for grandparent’s visitation in divorce proceedings if it serves the best interest of the child.”
— Ky. Rev. Stat. § 405.021(1) — 28 cases
Walker v. Blair (2012)
ky
“And a few months later, Steve’s mother, Donna Blair (“Blair”), filed a petition under KRS 405.021(1) to establish grandparent visitation with five-year-old B.”
Goodlett v. Brittain (2018)
kyctapp
“However, the trial court's interpretation and application of KRS 405.021 in accordance with federal constitutional law and the application of the appropriate standard to the facts are issues of law and subject to de novo review by this Court.”
Vibbert v. Vibbert (2004)
kyctapp
“The matter came to a hearing on May 29, 2002, before a domestic relations commissioner (DRC). The DRC granted Grandfather’s request for visitation, but held that Dorothy, being a step-grandparent, had no visitation rights.”
— Ky. Rev. Stat. § 405.021(1)(a) — 12 cases
— Ky. Rev. Stat. § 405.021(1)(b) — 3 cases
— Ky. Rev. Stat. § 405.021(1)(c) — 2 cases
— Ky. Rev. Stat. § 405.021(1)(c)(4) — 1 case
— Ky. Rev. Stat. § 405.021(2) — 1 case
— Ky. Rev. Stat. § 405.021(3) — 7 cases
Walker v. Blair (2012)
ky
“And a few months later, Steve’s mother, Donna Blair (“Blair”), filed a petition under KRS 405.021(1) to establish grandparent visitation with five-year-old B.”
Hamilton v. Duvall (2018)
kyctapp
“If granted, the motion's effect would have been to avoid compliance with the grandparent visitation statute, KRS 405.021. Arguably, that was the intent.”
Goodlett v. Brittain (2018)
kyctapp
“However, the trial court's interpretation and application of KRS 405.021 in accordance with federal constitutional law and the application of the appropriate standard to the facts are issues of law and subject to de novo review by this Court.”
— Ky. Rev. Stat. § 405.021(b) — 2 cases
— Ky. Rev. Stat. § 405.021(c) — 2 cases
— Ky. Rev. Stat. § 405.021(l)(a) — 1 case
— Ky. Rev. Stat. § 405.021(l)(b) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.