What is the best interest of the child standard in a Louisville child custody case? Why is it important to understand this essential guiding principle of Kentucky family law?
When parents are working on child custody and visitation plans or a Family Court Judge is asked to consider any interest involving a minor child, the primary legal guiding principle, often referred to as ‘the best interest of the child standard’, must be applied. Generally speaking, there are numerous factors that contribute to an evaluation of what is considered to be in the best interest of the child. Some of these factors include, but are not limited to:
- The child’s age
- The health needs of the child(ren) and the health of each parent
- The bond that exists between a child and each parent
- The existing schedule and patterns of each child (their school, healthcare providers, religious observances, extra-curricular activities, and activities surrounding extended family and friends
- Any child’s special needs
- Any history of criminal activity, domestic violence, or abuse
- Parental issues with alcoholism or drug use
The Court is interested in the thoughts, wishes, and input of a child, and the Judge in your case will decide the credibility of a request, the credibility and value of any testimony or request based upon each individual child’s age and level of maturity.
Here in Kentucky, the best interest of the child standard is applied to every case involving child custody or visitation, as well as move-away and relocation issues during or after a divorce. While many people mistakenly believe a mother may have additional weight or standing when it comes to any matter involving a child, our state’s family laws do not give any initial consideration or presumption to either current or previously married parent. In fact, Kentucky family law establishes a rebuttable legal presumption that it is in the best interest of a child to spend equal time with each parent in the absence of abuse or the risk of harm to the child.
It is important to note that an unmarried father does not have the same rights to custody and visitation of a child in many cases, unless and until the father asserts these rights in a legal process to establish “paternity.”
If you are concerned about any outcome involving your child(ren) during or after a divorce, it is essential to remain focused on the best interest of the child standard under Kentucky family law. Ask yourself, “What is in (child’s name)’s best interest?” Consider the existing patterns and schedules in each child’s life, as well as your level of participation in their day, from the moment they wake up until they go to bed at night. There are often changes you can make as a parent that can and will improve the likelihood of accomplishing your goals and objectives in any Louisville child custody or visitation case.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
