Grandparent visitation order reversed where grandparents were not parties to DNA action - published opinion Ky Court of Appeals

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K.C.O. V. CABINET FOR HEALTH AND FAMILY SERVICES, ET AL.

Trial Court awarded grandparent visitation to paternal grandparents in a DNA action. Paternal grandparents had not filed a Petition to intervene or requested visitation. Parents appealed. The Court of Appeals vacated the grandparent visitation order holding that a Trial Court may not sua sponte award grandparent visitation in a DNA proceeding, noting the court had no jurisdiction over grandparents, there was no clear and convincing proof grandparent visitation was in the child’s best interest, and reiterating the Troxel presumption that “it is presumed a parent who is fit acts in his or her child’s best interest.”

 

Digested by Elizabeth M. Howell

 

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