NO. 2022-CA-1140-MR
WAYNE CIRCUIT COURT
Decided by COMBS, MCNEILL, AND TAYLOR, JUDGES
Opinion by MCNEILL, JUDGE
Date Rendered: September 15, 2023
Issue: Whether the Family Court erred in finding grandparent visitation was in children’s best interests.
The Court of Appeals previously heard this grandparent visitation matter in Shelton I. Shelton v. Atkinson, No. 2021-CA-0397-MR, 2022 WL 2280225, at *1 (Ky. App. Jun. 24, 2022) (reversing and remanding for further proceedings). Parents did not want grandparents to have visitation because they believed the grandparents failed to respect parental boundaries. Pertinent here, the Court of Appeals held “it is not enough for a court to determine that grandparents love their grandchildren and share a healthy, nurturing relationship with those children to overcome the presumption that fit parents make decisions in children’s best interests,” finding the lower court did not give due consideration to the detriments and benefits to the children.
The matter was remanded, and the lower court issued an eleven-page judgment addressing the detriments and benefits of grandparent visitation, ultimately awarding grandparents visitation. Parents appealed.
The Court of Appealed affirms the grant of grandparent visitation reiterating its position in Shelton I that although there is a presumption in favor of the wishes of the parents, the ultimate inquiry is whether visitation is clearly in the children’s best interest. Here, there was substantial evidence grandparent visitation was in the children’s best interest.
Digested by Elizabeth M. Howell