LEXINGTON, Ky. — Legislation that would change how courts determine grandparent visitation rights passed the House Judiciary Committee on Wednesday, advancing a proposal that addresses a 2020 Kentucky Supreme Court decision striking down parts of the state's visitation law.

Senate Bill 281, sponsored by Sen. Rick Girdler, R-Somerset, would require courts to apply a "clear and convincing evidence" standard when evaluating grandparent visitation requests, creating a more structured legal pathway that aligns with a 2020 Supreme Court decision in Pinto v. Robison that ruled Kentucky's existing grandparent visitation statute violated parental rights.

The bill passed committee 16-0 with one pass vote and now moves to the House floor for consideration. Girdler said the legislation is not intended to alter custody arrangements but to connect children with grandparents in situations where a child is being raised by someone other than a parent due to death or other circumstances.

"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," Girdler told committee members.

Committee members largely expressed support for the measure while noting concerns about Kentucky law. Rep. Mitch Whitaker, R-Fleming-Neon, said the "clear and convincing evidence" standard helps distinguish between beneficial and potentially harmful grandparent relationships by weeding out situations where grandparents may not act in a child's best interests.

Rep. Patrick Flannery, R-Olive Hill, raised constitutional questions about whether the bill could affect fundamental parental rights. Girdler said the legislation was written with those concerns in mind and emphasized that the bill intends to allow grandparents to love their grandchildren, not assume parenting roles.

Under current Kentucky law, grandparents do not have automatic visitation rights but may petition courts for visitation. Kentucky courts traditionally presume that fit parents act in their child's best interests, creating a high bar for grandparents seeking access to grandchildren.