Dealing with child custody and visitation laws can be challenging. In Kentucky, courts prioritize the child’s best interests. Here is a breakdown of the key aspects you need to know.
In Kentucky, custody can be physical or legal. Physical custody refers to the parent who takes care of the child daily. Legal custody involves making significant decisions for the child, such as those about education, health, and religion.
Custody can also be temporary or permanent. During divorce or paternity cases, courts often grant temporary custody first. This leads to a hearing where a judge may award permanent custody to one or both parents. Additionally, custody can be sole or joint. In sole custody, one parent makes all major decisions for the child. Joint custody means both parents share decision-making responsibilities.
Kentucky courts use the “best interests of the child” standard to decide custody. Several factors play a role:
Courts presume that joint custody is best. However, parents can challenge this, especially in cases of domestic violence.
Even if one parent gets custody, the other usually gets visitation rights. Courts set a visitation schedule, but parents can also create a parenting plan. Judges can deny or limit visitation if it endangers the child’s well-being. For example, a history of substance abuse or child abuse can result in supervised visits or no overnight stays.
Understanding these laws helps parents navigate the complexities of custody and visitation in Kentucky. If you need assistance, contact a family law attorney to ensure you protect your child’s best interests.
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