Kentucky Child Custody and Parenting Time: Understanding the Legal Process and Your Rights
What is Child Custody?
Child custody refers to the legal authority to make important decisions regarding a child's upbringing. The primary objective of Kentucky's child custody laws is to prioritize the best interests of the child, focusing on their safety, well-being, and stability.
What is Parenting Time (Visitation)?
Parenting time, also known as visitation, is the schedule that determines when a child will spend time with each parent. While custody defines who has the legal authority to make decisions for the child, parenting time establishes the physical schedule for each parent's time with the child. These schedules are tailored to meet the needs of the child and the parents, considering factors such as school schedules, work commitments, and the distance between homes.
Presumption of Joint Custody and Equal Parenting Time
Kentucky law presumes that joint custody with equal parenting time is in the best interests of the child unless evidence suggests otherwise. However, each case is unique, and the court will consider various factors to determine the most suitable arrangement for the child.
Types of Child Custody in Kentucky
Kentucky law distinguishes between two main types of custody:
Sole Custody: One parent has the legal authority to make all major decisions regarding the child's welfare, including education, healthcare, and religious upbringing, without the need for agreement from the other parent.
Joint Custody: Both parents share the responsibility for making significant decisions about their child's upbringing. In joint custody arrangements, both parents must agree on major decisions affecting the child.
Establishing Custody and Parenting Time
When determining child custody and parenting time arrangements, Kentucky courts consider various factors to decide what is in the best interests of the child. Key factors include:
Child's Wishes: Consideration is given to the preferences of a child who is of sufficient age and maturity.
Parental Involvement: The court evaluates each parent's involvement in the child's life, including their ability to provide care, love, guidance, and maintain a stable home environment.
Parental Cooperation: The ability of the parents to cooperate, communicate, and make joint decisions regarding the child's welfare is assessed.
History of Domestic Violence or Abuse: A history of domestic violence, abuse, or substance abuse by either parent is heavily weighted in custody and parenting time decisions.
Child's Adjustment: The child's adjustment to their home, school, and community is considered to ensure stability in their life.
Modifying Custody and Parenting Time Orders
Custody and parenting time orders can be modified if there is a significant change in circumstances. Common reasons for modification include:
Changes in Parental Circumstances: Significant changes in a parent's living situation, employment, or health.
Changes in Child's Needs: Adjustments required due to the child's evolving needs, such as educational or medical requirements.
Relocation: A parent's intention to move a significant distance away, affecting the current custody or parenting time arrangement.
To modify a custody or parenting time order, a parent must file a motion with the court and provide evidence of the changed circumstances that justify the modification.
Enforcing Custody and Parenting Time Orders
Ensuring compliance with custody and parenting time orders is crucial for maintaining stability. In Kentucky, if a parent violates an order, they can be found in contempt of court. Contempt may result in penalties and is used to enforce compliance with the court's order.
De Facto Custodians and Third-Party Custody
In some cases, individuals who are not the biological parents may seek custody. Kentucky law recognizes de facto custodians as individuals who have been the primary caregiver and financial supporter of a child for a significant period, as defined in KRS 403.270.
Third-party custody may also be granted to individuals, such as grandparents or other relatives, under specific circumstances, including:
Waiver: When a parent voluntarily relinquishes custody to another person.
Lack of Parental Fitness: When a parent is deemed unfit due to issues such as abuse, neglect, or substance abuse.
Estoppel: When a parent has allowed another person to assume a parental role and establish a relationship with the child, making it detrimental to disrupt that relationship.
These provisions ensure that the child's best interests are met, even when neither biological parent is able to provide suitable care.
Child Custody and Parenting Time Proceedings in Kentucky
The process for establishing child custody and parenting time in Kentucky typically involves several steps:
Filing a Petition: A parent begins the process by filing a petition for custody and parenting time in the family court of the county where the child resides.
Mediation: Parents may be required to attend mediation to try and resolve custody and parenting time disputes amicably before going to trial.
Court Hearing: If mediation is unsuccessful or not required, a court hearing is held where both parents present evidence and testimony. The judge determines custody and parenting time based on the child's best interests.
Issuance of an Order: After considering all evidence, the court issues an order outlining custody and parenting time arrangements.
Parties Involved in Child Custody and Parenting Time Cases
Custodial Parent: The parent who has sole or primary custody of the child.
Non-Custodial Parent: The parent who does not have primary custody but may have visitation rights.
De Facto Custodian: An individual who has been the primary caregiver and financial supporter of the child for a significant period.
Court: The family court oversees child custody and parenting time cases and has the authority to issue, modify, and enforce orders.
Attorneys: Legal representation helps both custodial and non-custodial parents navigate the custody and parenting time process and protect their rights.
What to Expect During the Child Custody and Parenting Time Process
Navigating the child custody and parenting time process can be complex and requires understanding the legal requirements and procedures. Parents should expect to:
Provide Detailed Information: Parents must provide detailed information about their living situations, employment, and involvement in the child's life.
Participate in Mediation: Parents may be required to attend mediation sessions to resolve custody and parenting time issues outside of court.
Attend Court Hearings: If mediation fails or is not required, parents must attend court hearings to provide testimony and present evidence.
Comply with Court Orders: Once a custody and parenting time order is issued, both parents must comply with its terms to avoid legal consequences.
If you’re seeking assistance with child custody and parenting time in Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties, Millard Law is here to help. Contact Millard Law today to schedule a free consultation and take the first step toward securing a fair custody and parenting time arrangement with confidence and support from an experienced attorney serving Northern Kentucky.
For more detailed legal information about child custody and parenting time in Kentucky, refer to KRS 403. The statutes in this chapter provide comprehensive details on child custody determinations, modifications, enforcement, and visitation rights.