Here in Kentucky, child custody and parenting plans should be based on the best interests of the child. Our family law also establishes a “rebuttable presumption” that it is in the best interest of the child(ren) for custody and parenting time to be shared jointly and equally between the child’s parents:
Kentucky Family Law Statute 403.270: “…The court shall determine custody in accordance with the best interests of the child and equal consideration shall be given to each parent… Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
Kentucky Courts and our Family Court Judges here in Shepherdsville, Bullitt County, and surrounding communities are guided by the legal principle that child custody and parenting plans should be based upon the best interests of the child(ren). Kentucky family law has also clearly established a rebuttable presumption that the best interest of a child includes the ability to spend equal quality time with each parent after a divorce or dissolution. How should this affect your child custody and parenting discussions, and what are some of the most important things to consider?
Generally speaking, Kentucky family law strongly suggests that it is in the best interests of the child for this conversation to begin with a 50% – 50% split of parenting time between the parties and shared or joint legal custody. Parenting time is basically the time the child will spend with each parent after the marriage has ended and the division of that time throughout a week or given period of time. Parenting plans can be quite creative. They should be tailored to reflect the unique patterns of each child’s own education, health needs, activities, religious practices and interests.
The Judge knows that it is in the best interests of a child to experience as much continuity as possible. The division of time between the parents should facilitate the schedule(s) of the child(ren) while providing equal quality time with each parent.
It is important to note that “legal” custody relates to decision-making authority for each child in matters including but not limited to:
- Education
- Healthcare
- Religious Practices and Activities
- Extra-Curricular Activities
Here in Shepherdsville and Bullitt County, “Joint Legal and Physical Custody” is often ordered by our Family Court, 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 addictions, domestic violence, abuse, or criminal activity, the court may obviously consider the impact of these issues on both “physical custody” (parenting time) and “legal custody” (decision-making authority).
It is also important to note that the majority of our Family Court’s orders relating to custody and parenting plans require that the child remains within a specific (Kentucky) (Bullitt County) community. Following a divorce, in shared parenting and custody arrangements, neither parent has the right to take the child(ren) and move away or relocate out of the area or out-of-state without the expressed advance permission and orders of the Judge who has retained jurisdiction in matters relating to your child(ren).
My name is John Schmidt, and after more than 25 years of experience in child custody, parenting time, divorce and family law matters I can tell you it is important to protect the best interests of your child(ren). This is the primary factor the Judge in your case will consider during a divorce, and in the months and years of parenting following a 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.