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Friday, October 26, 2012

Kentucky High Court Limits Grandparent Visitation Rights

In a major family law decision, the Supreme Court of Kentucky yesterday, relying on Troxel v. Granville, 530 U.S. 57 (2000), held that a fit parent is presumed to act in the best interest of the child and that a grandparent seeking child visitation against the parent's wishes must overcome the presumption by clear and convicing evidence that allowing the grandparent visitation is in the child's best interest.  Walker v. Blair, No. 2012-SC-000004-DGE (Ky., Oct. 25, 2012).

In this case, paternal grandparent filed for visitation of her grandchild after her son, the grandchild's father, committed suicide under a pre-Troxel state law.  Mother opposed the visitation.  The Supreme Court held the pre-Troxel grandparent visition statute to be constitutional and interpreted the law to comply with Troxel's requirement that fit parents be presumed to act in the child's best interest.  Because the trial and appellate courts in this case placed the parent and grandparent on equal footing and did not give the parent's decision to deny visition the special weight required by Troxel, the Supreme Court reversed and remanded for further proceedings.

See also:  Louisville Courier-Journal story here.

Craig Estlinbaum

http://lawprofessors.typepad.com/adjunctprofs/2012/10/kentucky-high-court-limits-grandparent-visitation-rights.html

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