Children need the guidance and protection of loving adults. Kentucky courts generally protect the rights of parents to make important decisions about child-rearing matters. However, no two families are identical. Family dynamics vary widely from household to household. Grandparents may need to step in and care for their grandchildren due to tragic or adverse circumstances.
Vast Knowledge Of Family Law And Grandparents’ Rights
Multi-generational family conflicts can emerge that disrupt the harmony of family relationships due to disputes over child-rearing, visitation and custody matters. The attorneys at Schaffner Family Law are well-versed in the complex area of grandparents’ rights under Kentucky law.
Oftentimes, when the parent of a child unexpectedly passes away, the grandparents may lose access to their grandchild. Similarly, grandparents may become de facto custodians of their grandchildren in a variety of circumstances, whether with the consent of the child’s parents or due to problems involving neglect, abuse or abandonment of the minor child. A non-parent (including a grandparent) who provides primary care and support for a child for a defined period of time may seek legal custody of the child as a de facto custodian.
To assert de facto custody, a grandparent must show by clear and convincing evidence that the child has resided with him or her for six months if under the age of 3 or for one year if the child is more than 3-years-old. Additionally, the evidence must show the grandparent has provided primary care and support for the child.
The Well-Being Of Children Takes Priority
Our attorneys care about the well-being of children. We aggressively protect the rights of our clients to ensure that the best interests of children are met. Our founding attorney is a tenacious trial lawyer who believes that parties involved in custody disputes need to understand the impact that a dispute can have on the child. To that end, we fully explain the legal options available in every custody dispute to allow our clients to make informed decisions to protect the well-being of the children.