Sunday, November 4, 2012
Last week, the Kentucky Supreme Court interperted the state's grandparents' visitation statute in light of Troxel. The court held:
In accordance with Troxel, we hold that a fit parent is presumed to act in the best interest of the child. A grandparent petitioning for child visitation contrary to the wishes of the child's parent can overcome this presumption of validity only with clear and convincing evidence that granting visitation to the grandparent is in the child's best interest. In determining the child's best interest, the trial court can turn to the factors in the modified best interest analysis, which we outline in this opinion.
Read the opinion here.
Hat Tip: Jamie Abrams