Going through a divorce when you have children can be incredibly challenging. Determining the custody arrangement that best suits your family is stressful and hard on both the parents and children. If you cannot agree to a custody arrangement with your spouse, Kentucky courts decide who’ll get custody and set parenting time based on what they determine are the best interests of the children.
At Berkley Oliver PLLC, we want to help you through what might be a stressful time in your life as you walk through the divorce process. We will fight for the custody arrangement you desire for you and your children. Call us today for a confidential consultation about how we can help.
How Is Custody Decided?
Child custody is determined by agreement between the parties or court order. Like most states, Kentucky courts determine custody based on the best interests of the child.
To determine what custody arrangement is in the “best interests of the child,” a court will consider specific factors, such as:
- The desires of each parent and their motivation behind seeking a particular custody arrangement
- The wishes of the child, taking into account the influence a parent or guardian may have
- The relationship between the child and the parents
- The child’s relationship with siblings and grandparents
- The mental and physical health of the child and the parents
- The stability of the child’s homelife and school
- Whether abuse of the child has ever occurred
What Is The Difference Between Sole Custody and Joint Custody?
Kentucky law presumes that joint custody is best for the child. However, with sufficient proof, a court will make different custody arrangements.
In a sole custody arrangement, one parent has custody of the child, and in joint custody, the parents share custody. Custody decisions in Kentucky are separated into Custody and Parenting Time. Parenting Time refers to which the time that the child spends with each parent, whereasl Custody concerns the legal rights and responsibilities to make decisions about the child’s religion, education, medical treatment, and other factors.
For example, sole custody is an arrangement in which one parent is the only decision-maker for the child. That parent will decide where the child lives, where they will go to school, and make any medical decisions for the child.
In a joint custody arrangement, both parents share decision-making for anything affecting the child. Generally, day to day decisions for the child are made by the parent who is currently exercising parenting time with the child. Joint Custody and Equal Parenting Time is the statutory default presumption for all custody decisions.
Does One Parent Pay Child Support If They Have Joint Custody?
Every case is different, but it is possible that one or both parents may be obligated to pay child support even if they share custody in a joint custody arrangement. In Kentucky, child support is determined based on a formula that factors in gross wages, childcare cost, and health insurance expenses – also known as a child support worksheet. Typically, the parent with higher wages will pay a portion of child support to the other parent. Parents may also agree to any amount, even if that is different than the amount suggested by the worksheet.
Can Custody Be Modified?
Yes, child custody can be modified. Once the initial custody order is entered, it cannot be modified for two years unless the child’s physical, emotional, or mental well-being is at stake. Following the initial two-year period, a court can modify custody based on the child’s best interests.
How Do I Modify A Custody Order?
If you wish to change a custody order entered by the court, your attorney will file a “Motion to Modify Custody Order” on your behalf. The motion is your formal request to the court to modify the custody order and state why you think it should be changed.
Upon receipt of your motion, the court will set a hearing date. You and your attorney will prepare to present your argument as to why the modification should be made by showing:
- There has been a change in circumstances of the child or parent, and
- It is in the child’s best interest that the order is changed.
The other parent may dispute your request for modification and argue why the current order should not be modified at the hearing. The judge will hear from both sides and decide whether the order should be changed. If the court determines that the prior order should be modified, it will issue a new custody order.
Do Kentucky Courts Favor The Mother Over The Father In Custody Disputes?
Kentucky courts do not consider gender when determining custody arrangements. Courts are required to be neutral and not favor one gender over the other.
How Can I Seek Additional Custody or Parenting Time?
Your chances of gaining custody are increased by playing an active role in your child’s life and not relinquishing time with them. Sometimes, one parent will back away, thinking it will cause less conflict and the child will be better served. Because the courts operate under the presumption that it is in the child’s best interests to have a healthy, continuing relationship with both parents, it would be better to take advantage of every opportunity to spend time with the child. You can use a record of those dates and times to show your investment in your child’s life when you petition for greater custody or parenting time.
Can I Move If There Is A Custody Order In Place?
That depends on whether you have joint or sole legal custody. If you have joint custody and want to relocate, you must file a written notice of relocation with the court and serve it upon the other parent. If the other parent doesn’t agree to the relocation, either parent can file a Motion to Modify Custody within twenty days of the notice. If both parents agree, they can file an agreed order modifying custody with the court.
If you have a sole legal custody arrangement, the sole custodian files a written notice of relocation and serves the other parent. If the relocation would impact the visitation under the custody arrangement, the non-custodial parent can file a motion objecting to the change in visitation within twenty days of service of the notice.
Contact a Shelbyville, Kentucky, Family Law Attorney Today
A divorce can become even more contentious and stressful if you cannot agree on custody arrangements. Call an experienced Kentucky family law attorney at Berkley Oliver PLLC today to help you navigate the custody process. With a skilled and knowledgeable lawyer from Berkley Oliver PLLC, you can confidently pursue the custody arrangement you desire.