# KRS § 405.021: 405.021 Reasonable visitation rights to grandparents

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.021

## Section

- **Citation:** KRS § 405.021
- **Heading:** 405.021 Reasonable visitation rights to grandparents
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XXXV / Chapter 405 / Section 405.021

## Text

405.021 Reasonable visitation rights to grandparents.

(1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal

or maternal grandparents of a child and issue any necessary orders to enforce

the decree if it determines that it is in the best interest of the child to do so.

Once a grandparent has been granted visitation rights under this subsection,

those rights shall not be adversely affected by the termination of parental

rights belonging to the grandparent's son or daughter, who is the father or

mother of the child visited by the grandparent, unless the Circuit Court

determines that it is in the best interest of the child to do so.

(b) If the parent of the child who is the son or daughter of the grandparent is

deceased, there shall be a rebuttable presumption that visitation with the

grandparent is in the best interest of the child if the grandparent can prove a

pre-existing significant and viable relationship with the child.

(c) In order to prove a significant and viable relationship under paragraph (b) of

this subsection, the grandparent shall prove by a preponderance of the

evidence that:

1. The child resided with the grandparent for at least six (6) consecutive

months with or without the current custodian present;

2. The grandparent was the caregiver of the child on a regular basis for at

least six (6) consecutive months;

3. The grandparent had frequent or regular contact with the child for at

least twelve (12) consecutive months; or

4. There exist any other facts that establish that the loss of the relationship

between the grandparent and the child is likely to harm the child.

(2) The action shall be brought in Circuit Court in the county in which the child resides.

(3) The Circuit Court may grant noncustodial parental visitation rights to the

grandparent of a child if the parent of the child who is the son or daughter of the

grandparent is deceased and the grandparent has assumed the financial obligation of

child support owed by the deceased parent, unless the court determines that the

visitation is not in the best interest of the child. If visitation is not granted, the

grandparent shall not be responsible for child support.

## Nearby sections

- [KRS § 405.010 405.010 Parents entitled to services and earnings of child -- Suit for loss of](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.010.md)
- [KRS § 405.020 405.020 Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.020.md)
- [KRS § 405.021 405.021 Reasonable visitation rights to grandparents](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.021.md)
- [KRS § 405.023 405.023 Centralized statewide information and referral program for grandparents and other caregivers caring for minors who are not their biological children](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.023.md)
- [KRS § 405.025 405.025 Parent or guardian liable for willful damage to property caused by minor](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.025.md)
- [KRS § 405.027 405.027 Court may require parent or guardian of minor defendant to pay attorney's fees and costs](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.027.md)
- [KRS § 405.028 405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.028.md)
- [KRS § 405.060 405.060 Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.060.md)
- [KRS § 405.070 405.070 Provision for children of parent joining certain religious societies](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.070.md)
- [KRS § 405.075 405.075 Definitions for section -- Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability -- Short title](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.075.md)
- [KRS § 405.390 405.390 Adoption of an adult](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.390.md)
- [KRS § 405.405 405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.405.md)
- [KRS § 405.411 405.411 Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.411.md)
- [KRS § 405.430 405.430 Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce child support obligation -- Prohibition -- Employment assistance](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.430.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.021. Check the current official text before relying on it. Not legal advice.
