Tuesday, August 14, 2012

KY Case on Grandparents' Rights

From courier-journal.com:

Twenty years after a ruling that gave grandparents the right to visit their grandchildren over the parents’ objection, the Kentucky Supreme Court is preparing to give the controversial issue another look.

In 1992, the court upheld a state law that allows grandparent visitation if it is in the child’s best interests, ruling that if “a grandparent is physically, mentally and morally fit, then a grandchild will ordinarily benefit from contact with the grandparent.”

But in a case from Louisville that will be argued Friday, the court will revisit the issue for the first time since the U.S. Supreme Court ruled in 2000 that the wishes of objecting parents must be given “special weight” and that fit parents must be “presumed to be acting in their child’s best interests.”

Read more here, and see the appellate opinion here.

MR

Hat Tip: Jamie R. Abrams

http://lawprofessors.typepad.com/family_law/2012/08/ky-case-on-grandparents-rights.html

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Comments

Grandparent visitation SHOULD be allowed if the court feels that it is in the best interest of the children because the court system has a vested interest in protecting the emotional health of the children.

Posted by: Divorce Forms | Aug 24, 2012 11:35:05 AM

What is the ruling by the Kentucky Supreme Court on Grandparent rights after the review in October 2012?

Posted by: Steve | Dec 2, 2012 8:12:40 AM

Here is an update on the case:
http://www.wkms.org/post/kentucky-supreme-court-rules-grandparent-visitation-rights

Posted by: Margaret Ryznar | Dec 2, 2012 10:14:58 PM

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