Kentucky Child Custody and Child Visitation
Courts in Kentucky hope that parents can amicably come to a resolution on child custody and child visitation rights issues. The process can be very emotionally exhausting, especially for the children involved. When Kentucky courts must intervene and make a child custody decision, they will do so by following the child's best interests standard. The information presented below is not comprehensive and as such you should ensure that you are better prepared for court. To best prepare yourself for child custody proceedings, it is highly recommended that you consult a Kentucky child custody attorney.
Kentucky Child Custody
A parent in Kentucky may be entitled to sole or joint custody. When making a child custody decision, Kentucky courts will make sure that the best interests of the child are served. This is made through an assessment of the following factors:
When ascertaining the child's reasonable wishes, the Kentucky court has the discretion to interview the child in chambers. The interview will be recorded and a record of the interview will be a part of the custody determination.
Kentucky law also recognizes a “de facto custodian.” This refers to a person who has resided with, financially supported, and primarily cared for the child for a period of six months or more if the child is less than three years old and for a period of one year or more if the child is over three years old. A de facto custodian is given equal consideration (same as parent) when it comes to custody issues under Kentucky law. In addition to the factors above, when a de facto custodian is involved, the court will also consider:
a) the extent to which the child has been cared for, nurtured, and supported by the de facto custodian; and
b) the circumstances by which the child was placed in the care of the de facto custodian
You should be adequately prepared for everything that may arise during Kentucky child custody proceedings so you may present a better case and allow the case to move more quickly through the system. It is highly recommended that one obtain a Kentucky child custody attorney for assistance.
Kentucky Child Visitation Rights
If a noncustodial parent (a parent not in physical custody of the child) or nonparent seeks to visit and spend time with the child, then he or she must attempt to receive visitation rights. Typically, noncustodial parents will receive reasonable visitation rights unless doing so would hurt the child's best interests.
When a parent seeking visitation rights has been convicted of domestic violence or abuse, the Kentucky court may not grant child visitation rights to the parent unless it finds that granting such child visitation would not endanger the child's physical, mental, or emotional well-being.
If a parent convicted of first degree murder is attempting to receive child visitation rights, then a court may not grant such parent child visitation rights unless it finds that doing so would be in the child's best interests.
A Kentucky child custody lawyer should be consulted when attempting to receive child visitation rights.
Kentucky Statutes
Child Custody and Visitation Rights
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