Grandparent visitation bill advances from committee
Sen. Rick Girdler, R-Somerset, speaks on Senate Bill 281 during Wednesday’s meeting of the House Judiciary Committee. A high-resolution photo can be found here.
FRANKFORT — Legislation that would change how courts determine grandparent visitation rights passed the House Judiciary Committee on Wednesday.
Sen. Rick Girdler, R-Somerset, said the legislation stems from a 2020 decision by the Kentucky Supreme Court, which ruled that Kentucky’s grandparent visitation statute violated the rights of parents.
Senate Bill 281 would replace the unconstitutional language in state law, requiring courts to apply a “clear and convincing evidence” standard while creating a more structured legal pathway for evaluating grandparent visitation rights that aligns with the supreme court’s decision.
“I’ve got nine grandkids and I can’t imagine my life without my grandkids, I really can’t,” he said. “I have some friends of mine that have grandkids that are not able to visit like I am able to and I thank God for that every day, I really do.”
Girdler emphasized the bill is not intended to alter custody arrangements, but to connect children with grandparents in certain situations.
“I’m not trying to take my grandchild from my daughters or my son, but I do want the ability to be able to be seen if that grandchild is being raised by somebody else due to a death of my child or due to another reason I can’t.”
Committee members largely expressed support for the legislation, while also noting concerns about current law.
Rep. Mitch Whitaker, R-Fleming-Neon, said, as a parent, he appreciates strengthened parental rights due to challenges seen under existing statute.
“As a parent I appreciate you strengthening my rights to have my child,” he said. “I have in my practice as a lawyer seen the down side of having this presumption in the instance of a death of a parent. I’m sure you’re a great grandparent. Not all grandparents are great grandparents, and I think this clear and convincing evidence standard helps weed that out.”
Rep. Patrick Flannery, R-Olive Hill, questioned how the bill could affect fundamental parental rights.
“About five of six years ago there were a few lines of these cases that the court ruled there was a fundamental right to parents, therefore it struck down certain issues,” he said. “Is it your position that this would not run afoul of the fundamental right to be a parent because of a higher standard of clear and convincing – is that your belief on this?”
Girdler said the bill was written with those concerns in mind. He added that the bill is intended to allow grandparents to love their grandchildren, not take over parenting roles.
“I had an aunt who said the nearest thing to God’s love you’ll ever see is a grandparents love for a child. And I agree with that 100%. I don’t have to raise that child; I have to love that child.” He said “And that’s the whole purpose, don’t take these grandchildren from the people that love them the most without conditions at all.”
The bill passed committee 16-0 with one pass vote and now moves to the House floor.
