NO. 2022-CA-1472-MR
Fayette Circuit Court
Kentucky Court of Appeals
Opinion by Judge Acree
Date Rendered: September 6, 2024
Issue: What is the appropriate best interest standard for grandparent visitation when child is living with a nonparent custodian.
Biological Parents lost custody, and Child was placed with Great Aunt. Grandmother petitioned the Family Court for grandparent visitation After a hearing, the Family Court denied Grandmother’s motion.
Grandmother appealed. The Court of Appeals affirms the Family Court as its analysis complied with Pinto v. Robison and Walker v. Blair, as the factors do not change and are simply modified to reflect the Child is with a “custodian” and not a “parent:”
1) the nature and stability of the relationship between the
child and the grandparent seeking visitation;
2) the amount of time the grandparent and child spent
together;
3) the potential detriments and benefits to the child from
granting visitation;
4) the effect granting visitation would have on the child’s
relationship with the [custodian];
5) the physical and emotional health of all the adults
involved, [custodian,] parents and grandparents alike;
6) the stability of the child’s living and schooling
arrangements; . . .
7) the wishes and preferences of the child[; and]
8) the motivation of the adults participating in the
grandparent visitation proceedings.
The Court of Appeals also notes that the burden of proof for grandparent visitation is clear and convincing evidence when a grandparent is seeking to compel visitation from a parent but the reduced preponderance of the evidence standard when the custodian is a nonparent.
Digested by Elizabeth M. Howell