Larry Massie and Christina Massie v. Deborah Navy

Summary

The Kentucky Supreme Court reviewed a grandparent-visitation dispute involving a child residing with his paternal uncle and the uncle's wife. The court held that the grandparent failed to preserve her challenge to application of the clear-and-convincing-evidence standard, upheld the trial court's consideration of relevant best-interest factors, reversed the Court of Appeals, and reinstated the order denying visitation.

Holdings

1. The court declined to reach the merits of Deborah Navy's argument that the trial court should not have applied the Walker clear-and-convincing-evidence standard because the issue was not preserved in the trial court. The court also found no palpable error because the trial court had not been given an opportunity to rule on the issue.
2. A trial court need not consider all eight Walker factors in every grandparent-visitation case; the facts of each case determine which factors are most relevant and potentially dispositive.
3. The circuit court did not clearly err in its factual findings or err in applying the governing law, and its order denying Navy's petition for visitation was properly reinstated.
4. The Court of Appeals erred by directing the trial court to consider additional testimony, expert evidence, mental evaluations, and issues concerning an interview with Ian and visitation with his half-sister when those evidentiary matters had not been properly preserved for appellate review.

Questions Presented

1. Whether the Court of Appeals erred by applying a less stringent standard than the clear-and-convincing-evidence standard governing grandparent-visitation claims under Walker v. Blair.
2. Whether the circuit court adequately considered the relevant Walker factors and whether its denial of grandparent visitation was clearly erroneous or legally erroneous.
3. Whether the Court of Appeals erred by directing the circuit court to consider additional evidence and issues that had not been properly preserved.

Disposition

reversed