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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35325
Experience:  Attorney with 16 years experience
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The paternal grandmother has temporary custody of our

Customer Question

The paternal grandmother has temporary custody of our granddaughter. She does not like me therefore she limits or does not let me see my granddaughter much. I have always been involved in my granddaughters life since she was born and the other grandmother has only known her for 6 months. Do I have any recourse to be able to see her.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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In KY, a grandparent may be awarded reasonable visitation rights if the court determines that it is in the "best interests of the child". The grandparent seeking visitation rights would have to file a formal action in Circuit court to request that a judge award them specific visitation rights.

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The relevant statute is KRS 405.021 which states:

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(1) The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so. Once a grandparent has been granted visitation rights under this subsection, those rights shall not be adversely affected by the termination of parental rights belonging to the grandparent's son or daughter, who is the father or mother of the child visited by the grandparent, unless the Circuit Court determines that it is in the best interest of the child to do so.

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(2) The action shall be brought in Circuit Court in the county in which the child resides.

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(3) The Circuit Court may grant noncustodial parental visitation rights to the grandparent of a child if the parent of the child who is the son or daughter of the grandparent is deceased and the grandparent has assumed the financial obligation of child support owed by the deceased parent, unless the court determines that the visitation is not in the best interest of the child. If visitation is not granted, the grandparent shall not be responsible for child support.

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thanks

Barrister

Customer: replied 1 year ago.
I tried filing in circuit court today and they told me I would have to have an attorney to help me file the action. I need to contact legal aid so I feel like I wasted my morning going downtown.
***** *****t
Expert:  Barrister replied 1 year ago.

If you aren't familiar with filing your own legal actions, then this would be correct. The courts aren't really set up for non attorneys, other than small claims court, and that is why lawyers go through years and years of education and training so they can navigate the court system. The clerks at the court can't help someone file legal documents as they aren't attorneys and this would be considered unauthorized practice of law.

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So you either prepare your petition entirely on your own and file it or you have to hire an attorney. If you do it yourself, then you are held to the same standards of practice as an attorney. This means that you have to know all the things an attorney was trained on in law school regarding preparing documents, formatting, procedural aspects, deadlines, etc.

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When people want to represent themselves in something like this, I always tell them that it is like pulling teeth... You can pull your own teeth, but it goes better and is much less painful to go to a dentist..

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But the local Legal Aid office might be able to represent you at low or no cost or refer you to a low cost or pro bono attorney who might be able to help.

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thanks

Barrister

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