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Kentucky & Indiana Grandparent Rights / De Facto Custody


An emerging part of family law addresses the rights of grandparents and other third parties (such as family members, including uncles and aunts) in child custody and visitation cases. It also involves the defense against grandparents’ rights for parents who are involved in a dispute. Attorney Justin Keys offers strategic and experienced advocacy to both grandparents seeking custody or visitation rights and in the defense of grandparents’ rights cases. We routinely use custodial evaluators, guardian ad litem (GALS), and other experts to help advocate for our clients.

What are grandparents rights?
Grandparents rights involve grandparents asserting legal claims to custody or visitation to a grandchild. Grandparents may become involved if they are prevented from seeing their grandchildren or if they feel that a child’s well-being is threatened by neglect, abuse, or drug or alcohol addiction. Many grandparents will pursue a case where a family dispute causes a parent to prevent the grandparent from seeing a grandchild.

Can I get visitation to see my grandchild?
In Kentucky, visitation may be granted to grandparents if the court determines that it is in the child’s best interests. We will work with necessary professionals, interview witnesses and present all evidence needed to support your case to see your grandchildren. We will demonstrate to the court that it is in the best interests of the child to have contact and visitation with grandparents.

In Indiana, an additional threshold must be met to request grandparent visitation rights. Contact our office for more details.

Can I get custody of my grandchild?
A grandparent who has been a primary caretaker of a child for a certain period of time (usually dependent on the age of the child and whether the grandparent or family member has been the primary caregiver and financial supporter) may be able to obtain the same rights as a regular parent. In other child custody and grandparents’ rights cases, the court will consider the wishes of parents and children, the relationship between the child and parents, the child’s adjustment to their home, school and community and the mental and physical condition of all persons involved. If you are seeking visitation or custody rights or you want to defend against the right of an intervening grandparent, please contact our office for an immediate consultation or case evaluation.

Contact our Louisville, Kentucky and southern Indiana grandparent rights lawyers by calling (502) 882-6000 or using the form below:




Practice Areas

Domestic Relations & Family Law:

Grandparent and 3rd party custody rights:
Marriage & Estate Planning:

Paternity & Custody Disputes:

Domestic Violence & Orders of Protection