Grandparent Visitation – Ky Court of Appeals Published Decision

Grandpa and Baby


Grandparents had frequent contact with grandson, acting as his primary caregiver until Mother slowly cut off their time with grandson completely. Grandparents filed a Petition for Grandparent Visitation and the trial court awarded them grandparent’s visitation rights.

Mother appealed first arguing that the trial court abused its discretion in awarding Grandparents visitation. The Court of Appeals affirms the trial court holding that the trial court correctly considered the evidence under Walker finding visitation was in the child’s best interest. There is no requirement for trial courts to write a “detailed analysis for each factor so long as it is clear from its discussion that it properly considered those factors in arriving at its ultimate conclusion.”

Next Mother argues the “trial court erred in intermingling the roles of the GAL and the friend of the court.” This issue was not properly preserved for appeal. Even had it been preserved, the Court of Appeals notes that Mother’s claim is entirely without merit. While GALs cannot act as an investigator for the court, they can and should “interview the child…before questioning him in court.”

Digested by Elizabeth M. Howell

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