Important Aspects Of Child Custody In Kentucky You Must Know
Thompson Law Office has provided straightforward legal representation for families in Lexington since 2007. We focus on the practical impact of recent changes to Kentucky law, which now presumes that joint custody and equal parenting time serve a child’s best interest. As an established, family-run law firm, we provide the clear guidance needed to secure your parental rights and your family’s future in these and other family law concerns without unnecessary complications.
How Child Custody Works In Kentucky
In Kentucky, there are two distinct categories of child custody:
- Legal custody: This refers to a parent’s right to make major decisions for the child’s healthcare, education and religious upbringing.
- Physical custody: This refers to where the child lives.
Joint legal custody can occur, allowing both parents to share this responsibility. However, the courts can grant sole legal custody if one parent is unfit. Additionally, the judges now favor parenting time schedules that keep both parents active in the child’s life.
What The Best Interests Of The Child Means
Judges heavily consider a child’s best interests when deciding custody orders, which can include:
- The mental and physical health of a parent
- Any acts of abuse or neglect that a child experienced
- Any evidence of a parent’s substance abuse
- Any history of violence or abuse
- Any serious crime that a parent has committed
While the courts may not make a fair ruling for the parents, the final decision ensures the child can have a stable upbringing after the divorce.
Why A Parenting Plan And Timesharing Schedule Matter
The child custody process in Kentucky requires you and your co-parent to produce a parenting plan that outlines parenting time arrangements and visitation rights. We can help you create schedules that address school breaks, summer vacations and holiday schedules, ensuring that both parties agree on the setup.
How Child Custody Matters Differ For Military Families
Our lawyers recognize the unique challenges faced by service members. Military families often relocate homes, which can cause distress for the child. During a military divorce, Kentucky law provides specific protections that ensure that deployment or relocation for service does not permanently cost a parent their custody rights.
What Custody Rights Unmarried Parents Can Have
If a child is born to unmarried parents, the mother can have sole legal and physical custody. A father must establish paternity through a voluntary acknowledgment or a court order to gain parental rights.
Why Denied Parenting Time Can Be A Violation
Whether you are the custodial or noncustodial parent, you cannot withhold the other party from their parenting time. This constitutes a violation of the custody order, putting the violator in contempt of court.
When You Can Modify Child Custody Orders
Child custody orders are final, but there are limited exceptions when you can change them. Generally, you can modify the order if you provide proof of a substantial change in circumstances. Kentucky courts may also allow a change of custody if a parent intends to relocate with the child.
We Can Help You Address Your Child Custody Matters
Child custody can be a sensitive issue in divorce. At Thompson Law Office, we can walk you through all aspects of the matter and provide advice tailored to your family. Contact us today at our Lexington office by calling us at 859-280-2222 or completing this online form to schedule a consultation.