ED v. Commonwealth of Kentucky and Cabinet for Health and Family Services, 152 SW3d 261 (Ky.App., 2004)

ED v. Commonwealth of Kentucky and Cabinet for Health and
Family Services, 152 SW3d 261 (Ky.App., 2004)
District Court order permitting grandparent to visit during parents’
visitation time was insufficient to entitle grandmother to visitation
after parental rights of parents were terminated. Statute governing
grandparent visitation requires a visitation order issued by Circuit
Court prior to the termination of parental rights.

ED v. Commonwealth of Kentucky and Cabinet for Health and
Family Services, 152 SW3d 261 (Ky.App., 2004)
District Court order permitting grandparent to visit during parents’
visitation time was insufficient to entitle grandmother to visitation
after parental rights of parents were terminated. Statute governing
grandparent visitation requires a visitation order issued by Circuit
Court prior to the termination of parental rights.

Statute granting grandparent visitation requires a visitation order issued by Circuit Court prior to the termination of parental rights of grandparents’ son or daughter to protect grandparent visitation rights with the children of that son or daughter. A District Court order establishing the number of hours of visitation that parents could have with their children in state custody and providing that grandparents may visit the children during this time was not sufficient to serve as a basis for maternal grandmother to have visitation with the children upon termination of the parents’ parental rights. This order did not give grandparents visitation independent of the parents nor specify visitation rights for the grandmother, and there was no indication that court was aware of the maternal grandmother or her fitness for visitation.

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