FAMILY LAW (grandparents, custody): Leach v. Harrison (COA 12/11/2009)

Leach v. Harrison
2009-CA-000622 12/11/2009 2009 WL 4723245

Opinion by Judge Wine; Judge Nickell and Senior Judge Harris concurred. The Court vacated and remanded an order of the circuit court granting permanent sole custody of appellant’s minor children to the children’s maternal grandparents. The Court held that the trial court lacked jurisdiction because the maternal grandparents lacked standing as non-parents who were not de facto custodians. Kentucky’s child custody statutes did not grant subject-matter jurisdiction to courts to determine the custody rights of a non-parent who had not been found to be a de facto custodian or to provide non-parents standing to bring such actions.

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