Friendly Shepherdsville Child Custody & Visitation Attorney Provides a Future for Your Children
Children often become victims during the divorce process, caught in the crossfire between warring parents on the issue of child custody and visitation. At the Law Offices of John Schmidt & Associates PLLC, our family law attorneys care about your children’s future, working closely with you throughout the emotionally trying child custody and support process.
With the help of one of our experienced child support lawyers, you can truly attain what’s best for your kids. You have clear goals for the outcome of your divorce case, and we help you reach them.
Judges determine child custody and visitation by taking several factors into account
It is important to understand the rebuttable presumption in Kentucky that it is in the best interests of a child to spend equal quality time with each parent during and after a divorce (absent aggravating circumstances such as domestic violence, addiction, or criminal activity).
What are your goals for child custody and visitation?
Our attorneys sift through the emotional factors of your divorce to find reasons why your children would be better off with you — including the wishes of the child, your ability to care for your children or your spouse’s lack of that ability, and each parent’s lifestyle.
While we are ready to fight for your rights to custody, we have found that the best circumstances are those in which both parents work together to find amicable solutions. We work to settle your case out of court, but aggressively represent you in court if needed.
Kentucky Child Custody – by the book (what does the law actually say?)
How is child custody determined in Kentucky? Child custody is determined by the Court. The Court decides what is in the best interest of the child(ren). The court shall consider all relevant factors including:
(a) The wishes of the child’s parent or parents, and any de facto custodian, as to his or her custody;(b) The wishes of the child as to his or her custodian, with due consideration given to the influence a parent or de facto custodian may have over the child’s wishes;(c) The interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly affect the child’s best interests;(d) The motivation of the adults participating in the custody proceeding;(e) The child’s adjustment and continuing proximity to his or her home, school, and community;(f) The mental and physical health of all individuals involved;(g) A finding by the court that domestic violence and abuse, as defined in KRS 403.720, has been committed by one (1) of the parties against a child of the parties or against another party. The court shall determine the extent to which the domestic violence and abuse has affected the child and the child’s relationship to each party, with due consideration given to efforts made by a party toward the completion of any domestic violence treatment, counseling, or program;(h) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;(i) The intent of the parent or parents in placing the child with a de facto custodian;(j) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school; and(k) The likelihood a party will allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian, except that the court shall not consider this likelihood if there is a finding that the other parent or de facto custodian engaged in domestic violence and abuse, as defined in KRS 403.720, against the party or a child and that a continuing relationship with the other parent will endanger the health or safety of either that party or the child.
Ky. Rev. Stat. § 403.270
What Are Some of the Practical Issues That Impact Child Custody and Visitation?
A good place to start is the existing rhythms of each child’s life. If you want to be involved in parenting after a divorce, consider your involvement in every aspect of the child’s life prior to the divorce.
This includes, but is not limited to:
- Waking the child up and bed time practices
- Getting the child ready for school or their day, including breakfast and packing a lunch
- Transportation to and from school and/or day care
- After-school and extracurricular activities and sports participation
- Study habits and practices
- Discipline
- Rules regarding screen time, gaming, phone, email, social media, texting, and other communications
Will the potential co-parents live in the same school district? If not, and the child(ren) will remain in their existing school, how will the mechanics of transportation to and from school work?
How will the “exchange” work – when each child moves from one parent’s household to the other?
How will each child be able to maintain regular communications with the non-residential parent on “off weeks”?
How are Child Custody and Visitation Issues Handled in a Divorce?
The process usually begins with a conversation between the parents. A 50/50 split in terms of time with each child is the best place to begin (as that is Kentucky’s and our local Court’s legal preference). If you are working well with your former spouse, you may be able to reach agreement on the outline of the plan, and then work with our offices to fine-tune details and develop the paperwork for submission to the Court.
If the parties disagree about any aspect of child custody and visitation, the first step is usually a negotiation between the parties and their counsel. Mediation is a cost-effective and timely tool for resolving any area of dispute during the process of a divorce. This is especially true when it comes to matters involving children.
If the parties are unable to reach agreement, the Court will ultimately decide the schedule of your child(ren). It is important to note: any decision imposed by the Judge is very likely to result in post-decree modification and litigation.
The parties are much more likely to abide by an agreement they themselves have helped to reach. This is especially true in matters involving the children.
It is also important to note that child support may be impacted by the balance of time between each household, now, or in the future.
Proven Advocates for You and Your Child(ren) in a Divorce or Post-Decree Matter
Our attorneys are strong advocates for you and your family, and we do whatever it takes to put your children in a great position for a positive social, academic and family life. We take a personal approach to your case, clearly outlining all of your options so that you can make sound and informed decisions. At the Law Offices of John Schmidt & Associates, our top priority is taking care of you and your children so that you can live healthier, happier lives.
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 about how matters involving the children in your divorce will be handled, and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.