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What Are the Custody Laws in the State of Kentucky?

Divorce is an often difficult but necessary process for two individuals who are no longer compatible in their marriage. No matter how emotionally stressful it is for the couple, divorce is almost always more confusing and painful for any children shared by the parents. Our Louisville child custody & visitation attorneys are here to provide the legal support necessary to help families find solutions that prioritize the best interests of the child.

Take the first step towards securing your child’s future. Call our Louisville child custody & visitation attorneys at (502) 812-1889 or contact us online to schedule your free legal consultation.

Types of Custody Arrangements in Kentucky

Custody is defined as the ability to make decisions for the child throughout his/her life, including decisions about religion, educational opportunities, and health care. In the state of Kentucky, a family court can award either joint custody or sole custody.

Sole Custody: In this arrangement, one parent has exclusive rights and responsibilities for the child, which may be necessary in cases where the other parent is unfit.
Joint Custody: Both parents share the rights and responsibilities of raising their child, fostering cooperation and communication between them.

Factors Influencing Custody Decisions

While both parents may share joint custody, sometimes a child will live at the “primary residence” of one parent for most of the week, while the other parent will be awarded parenting time or visitation rights. However, in Kentucky, there is now a presumption of equal parenting time in the majority of cases, unless there has been domestic violence. This change in the law has had dramatic effects on parenting schedules and we are now seeing more joint custody and equal time-sharing cases then we did in the past.

To determine which parent is awarded primary residence, a Court will examine several key factors, including those related to:

The current physical and mental health of both the parents and the child.
Each parent’s current living situation and state of the home.
The parents’ proximity to important locations, such as the child’s current school or church.
The child’s ability to adjust to a new environment.
The child’s relationships with other critical members of the family, such as, siblings, or other extended relatives.
Any background of domestic abuse or criminal charges.
The child’s wishes if said child is old enough and mature enough to reasonably express his/her wishes.
Any other relevant factor.

Visitation Rights in Kentucky

In cases where one parent is granted sole physical custody, the other parent may receive visitation rights, also known as parenting time. This allows the non-custodial parent to spend time with the child, ensuring that both parents remain actively involved in the child's life.

Visitation arrangements can be flexible and tailored to meet the family's needs. Common types of visitation include:

Scheduled Visitation: Specific days and times are outlined in the custody agreement, providing predictability for both parents and the child.
Supervised Visitation: In certain situations where safety concerns arise, visitation may be supervised by a third party. This ensures a safe environment while maintaining the parent-child relationship.

Modification of Custody and Visitation Orders

Life circumstances can change, necessitating adjustments to existing custody and visitation orders. Whether due to relocation, changes in work schedules, or evolving family dynamics, parents may seek modifications to reflect their current situation.

To modify an existing order, it’s essential to demonstrate a substantial change in circumstances that warrants the alteration. This could include changes in the child's needs, one parent’s relocation, or new developments in the parents' lives that affect the child's well-being.

Engaging with a knowledgeable Louisville child custody and visitation attorney can facilitate this process, ensuring that all legal requirements are met and that the child’s best interests remain the focal point.

How Winner Law Group, LLC Can Support Your Case

Choosing Winner Law Group, LLC means opting for a tenacious team of Louisville lawyers dedicated to your unique circumstances. We provide aggressive yet reasonable representation, ensuring that your case is handled with the utmost care and attention. We strive to secure your meaningful time with your children.

No matter the scenario, the child custody attorney in Louisville, KY at Winner Law Group, LLC can help you address the following issues:

Call us today at (502) 812-1889 or reach out to us online to benefit from the powerful counsel of our Louisville child custody and visitation attorneys.