Kentucky Family Law, and the Judges here in Bullitt County and throughout the Louisville region are guided by the principle that child custody and visitation plans should be based upon the best interests of the child(ren). Kentucky law has clearly established a rebuttable presumption that it is in the best interest of each child to spend equal amounts of time with each parent during and after a divorce. How does this affect child custody and parenting plans, and what are a few of the most important aspects to consider?
Generally speaking, Kentucky courts begin this conversation with a roughly 50/50 split of visitation between the parties, and “shared” legal and physical custody orders. Visitation, or “parenting time,” is simply the time the child will spend with each parent after the marriage has ended, and the division of that time throughout a week or period of time. Parenting plans can be quite creative and tailored to meet the unique rhythms of your family life and each child’s unique activities and interests. The Judge in your case wishes for the child to experience as much continuity as possible, and the division of time between the parents should enable the existing and future schedule(s) of the child(ren). The term “shared parenting” refers to this concept of an equal division of quality time between the parents, known as “Joint Physical Custody”, if not an exact 50% allocation of time.
Legal custody relates to decision-making authority for a child in matters including, but not limited to:
- Education
- Religious Practices and Activities
- Extra-Curricular Activities
- Healthcare
Here in Kentucky, the court often orders ” Joint Legal Custody, ” establishing an equal legal footing for each co-parent regarding legal custody and decision-making authority over the child(ren). The child is a member of each household. When joint legal custody is ordered, each parent is equally involved in important decisions regarding the child’s life, education, and physical/mental health.
In extreme cases involving addiction, abuse, or criminal activity, the court may deviate on issues of both “physical custody” (visitation) and “legal custody” (decision-making authority). It is important to note that most court orders relating to custody, visitation, and parenting plans require that the child(ren) remain within a specific (Kentucky) community. Following a divorce, in shared parenting and custody arrangements, neither parent has the right to take the child(ren) and move out-of-state without the expressed advance permission and orders of the Family Court that handled the original divorce.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.
