FAMILY LAW – Grandparent visitation: J.G. v. J.C. (COA 3/27/2009)

J.G. v. J.C.
2009 WL 792763
Opinion by Judge Stumbo; Judge Taylor and Senior Judge Graves concurred. The Court reversed and remanded a judgment of the circuit court finding that the appellee grandparents were de facto custodians.

The Court held that because the child had not resided with the grandparents for one year, as required by KRS 403.270(1)(a), the trial court erred in finding that they were de facto custodians. Further, a motion to rescind temporary custody invoked the tolling provision of the statute and therefore, the days between the filing of the motion and the order ruling upon it did not count toward the time requirement. The Court also held that the grandparents were considered a single unit for the purposes of de facto custodianship.

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