Typically, custody and childcare cases involve just the rights of the child’s parents. However, third parties can also have parenting rights, especially when the third party is a grandparent. Children also have some say regarding their custody and care.
But can a child choose to live with a grandparent? Sometimes. If you have questions about grandparent custody, Pamela C. Bratcher, Attorney at Law, has decades of experience and can guide you through any child custody case.
Types of Child Care Cases
A court might intervene in a child’s living arrangements when one of the following applies:
- Custody case—the parents are not in a relationship with each other or are breaking up; or
- Dependency or neglect case—the parents are not fit to care for the child.
There are overlapping standards for these types of cases, and we discuss them below.
Deciding Custody Cases
When parents who aren’t in a relationship have a childcare dispute, the family court steps in. Courts presume that the best childcare arrangement is to give the parents joint custody. But sometimes, courts grant custody to a third party who has acted as a de facto custodian. A grandparent can be a de facto custodian in a family law case and may have a right to custody of their grandchild. But ultimately, family courts must create custody orders that serve each child’s best interests.
What Is a De Facto Custodian?
A de facto custodian is someone who meets the following criteria:
- If the child is under three—the de facto custodian has had physical custody of the child for a total of six months or longer in the last two years; or
- If the child is three or older—the de facto custodian has had physical custody of the child for a total of one year or longer, or the child has been placed by the Department for Community-Based Services.
Many grandparents can fulfill one of the above-listed standards. If so, they can become de facto custodians who have standing in family law cases.
Best Interests Standards in Custody Cases
Kentucky courts consider many factors when determining what’s in a child’s best interests for custody cases. Some of these factors include:
- The child’s wishes;
- The parents’ wishes;
- The de facto custodian’s wishes;
- The child’s relationship with each parent, siblings, and other significant individuals, like grandparents;
- The extent to which a de facto custodian has cared for the child;
- The intent and motivation of each adult involved;
- The health of each party involved;
- Each parent’s ability to provide for the child’s needs and foster relationships between the child and the other parent or de facto custodian; and
- The child’s adjustment to their home, school, and community.
A court might grant custody to a grandparent if they are a very involved de facto custodian and the child wants to live with them.
Placement in Dependency and Neglect Cases
In childcare cases involving abuse or neglect, the government might place the abused or neglected child in a new home. The new home can be with foster parents the child doesn’t know or with relatives, including grandparents. Once again, the best interests of the child are the standard for making these decisions.
Placing Children with Relatives
Placing an abused or neglected child with a capable relative is often the preference in dependency and neglect cases. Placement with a relative is typically the least restrictive option and might help with family reunification (if possible). Also, the child has the right to give input about where they will live.
Foster Child Rights
Children in foster care have many rights. A handful of these rights include:
- Receiving placement in the least restrictive environment that is close to their home,
- Visiting and talking on the phone with their family,
- Participating in their dependency and neglect proceedings, and
- Expressing opinions about their placement.
When a child asserts these rights, they can request placement with a grandparent.
How Old Does a Child Have to Be to Decide Where They Want to Live?
At what age can a child choose to live with their grandparents? There’s no specific age that gives children the right to choose who they live with under Kentucky law. The judge will determine if they want to listen to the child and take his or her opinion into consideration.
However, judges consider the influence that the child’s parents or de facto custodian may have over these opinions. So, a court might not give as much weight to a younger child’s opinion because they tend to be more susceptible to outside influences.
Contact Us Today
Every family situation is unique. With more than 30 years of experience, Pamela C. Bratcher, Attorney at Law, has the experience and skill to help during challenging times. She can help you understand your custody or placement rights and options. For a consultation, call us or reach out to us online.