Can you could lose custody of your kids during or after a divorce in Louisville or throughout Kentucky? Are you considering or in the process of a divorce? Are you concerned about child custody? It is common for parents to believe child custody and visitation are simply going to be equally divided during and after a divorce. Once a divorce has been completed, surely the “permanent” child custody and visitation orders mean that is how things are going to be going forward, doesn’t it?
Yes, generally speaking Kentucky Family Law is focused upon the best interests of the child in any child custody related case, and we do consider it to be in the best interests of a Kentucky child to spend a balanced amount of quality time with each of their parents during and after a divorce. However, this is based upon the presumption that both parents are capable and effective parents and maintain strong relationships with each child.
However, if there is any change in the behavior of one of the parents or their ability to effectively share custody the Court can and will review and consider modifications to existing child custody orders. What are some of the reasons a Louisville Family Court may consider reducing or limiting a parent’s custody and visitation rights in Kentucky?
Unfortunately, one of the most common reasons for modifications to child custody and visitation orders involves domestic violence. Any episode involving emotional or physical abuse of a child can be just cause for a request to limit future or modify existing child custody and visitation orders. Physical vi0lence is not the only measure a Court will apply to these questions. Verbal abuse and consistent negative interactions can result in mental and emotional harm to any child. Teachers, advisors, counselors, school administrators and even other co-parents can pick up on changes in a child’s behavior and evidence of physical or emotional abuse.
Attempted interference between the other parent and a child is often referred to as “parental alienation.” If one parent is constantly putting the other parent down in front of the child(ren) or attempting to cause distance or harm to the relationship between a child and the other parent the Court has many options to evaluate the situation at hand and adjust child custody and visitation accordingly.
A DUI or other issues associated with alcohol and/or drug abuse are absolutely warning signs for any parent who shares the custody of a child with another.
Child custody modifications have been requested and approved for a variety of issues including the failure to properly supervise a child, poor nutritional and health habits, and even the requests of a mature child.
The core principle of Kentucky Family Law with regards to child custody and visitation is “the best interests of the child.” Our Louisville Family Court Judges are genuinely concerned about and focused upon each child that comes before our Family Courts. What parental rights and visitation represent the best interests of the child while creating the best atmosphere for each child to grow and thrive?
Things change. Children grow and mature. Each child has their own unique blend of gifts, opportunities and challenges. “Permanent” child custody and visitation orders do not mean “forever” or “unchangeable” under Kentucky Family Law. It is absolutely possible for you to lose custody of your kids during or after your Louisville divorce.
Are you concerned about a child custody or visitation issue in Louisville or the surrounding areas of Kentucky? 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.
