Need to Know about Child Custody and Parenting Time - Louisville

Child Custody and Visitation or Parenting Time

How will issues associated with your children be handled in your Louisville divorce?

Child Custody Visitation and Parenting Time

Louisville Kentucky Child Custody and Visitation Lawyer

What is the difference between child custody and visitation and parenting time in the context of a Louisville divorce? Child custody in Kentucky is often confused with the common perception of the term versus the legal meaning.

Most people believe custody means physical possession of the child, such as where the child will live. By contrast, the definition of legal custody is unrelated to physical possession of the child. Instead, it refers to the parents’ ability to make important decisions in the child’s life, such as health care, education, religion, and even extra-curricular activities.

Kentucky family law establishes the rebuttable legal presumption that it is in the best interest of a child to spend equal time with each parent during and after a divorce. Child custody and visitation, or parenting time are often contentious issues that require the guidance of an experienced, proven Louisville divorce and family law attorney.

3 Key Takeaways Regarding Child Custody and Visitation in Louisville and the Surrounding Area:

Kentucky family law establishes the rebuttable legal presumption that it is in the best interest of a child to spend equal time with each parent during and after a divorce.
Legal custody refers to the right to make decisions about a child’s welfare, while physical custody grants the right to have the child live with you in your home.
The existing patterns in the life of each child, from the moment they wake up each morning to the time they fall asleep, will have a lot to do with the outcome of child custody and visitation in your case.

What is the Difference Between Legal Custody and Physical Custody?

What is the difference between legal custody and physical custody in Kentucky child custody and visitation? Why do these designations matter as you approach a divorce with children?

“Legal custody” relates to the rights of a parent to make parenting decisions regarding the welfare of a child, including but not limited to:

Health Care: Choice of doctors your child sees, medicine your child takes
Education: What school does your child attend, or is your child home-schooled?
Religious Practices: What church, synagogue, or mosque does your child attend?
Extra-Curricular Activities: What sports or activities does your child participate in? How many activities does your child participate in, and when does the child participate in such activities?

“Physical custody” is simply the right to have your child with you and to live in your home.

Legal and physical child custody is usually classified as either “Sole” or “Joint.” Sole custody grants an individual parent control over decisions related to the custody issue and allows them to make decisions over the objection of the other parent. Joint custody means that both parents are legally empowered to share in these important decisions as well as significant time with each child. If the parties cannot jointly agree upon a decision or issue, then the Court will usually decide.

In some cases, the child may not reside with either biological parent, and the Court may award physical/residential or legal custody to another person.

Kentucky law also creates the legal presumption that the parents will more evenly share all aspects of rearing their child(ren), including time at each home. Kentucky Judges follow this law and the substantial body of available evidence that these arrangements are in the best interest of the child. The parents must demonstrate that they have and will maintain a good working relationship based upon cooperation and effective communication. Shared Parenting almost always requires both parents to live in close proximity to one another so that the child(ren) can attend the same school and enjoy a lifestyle that is consistent with their experience during the course of the marriage.

Parenting Time or Visitation

Sometimes, Kentucky Judges may prefer to limit the movement of children between households. Parenting time or visitation gives the non-custodial parent [the parent who does not have primary residence of the child(ren)] legal access and orders to visit a child.

Kentucky law is focused upon the best interests of the child, and this usually means equal quality time with each parent in the absence of domestic violence, addictions, or criminal activity.

A parenting time or child custody and visitation schedule can also be sought in a paternity (unmarried parents) or divorce action. We will help you explore your options and alternatives as you assert your rights to parenting time or visitation. We are also experienced in handling visitation rights for grandparents and other third parties.

Louisville Child Custody Lawyers

Child custody is one of the most challenging issues in any Louisville divorce case. What is child custody from a legal perspective, and how is it different from “parenting time?” How does a Louisville family law court look at child custody, and how will your case be handled? How can you accomplish your goals and objectives relating to the custody of your own children in a divorce? We are often asked:

“How is child custody and visitation decided in a Louisville divorce?”

“What determines parenting time, and how flexible can the schedule be?”

“How do I make sure I get my fair share of time with the kids?”

There are many questions on your mind and keeping you up at night. Get genuine answers to those questions and the peace of mind that comes from learning more about the process. We invite you to contact Dodd & Dodd or call us at (502) 584-1108 to schedule an appointment with one of our experienced attorneys.

Divorce and Child Custody Determinations

Louisville parents often work together to develop a shared child custody and visitation plan or “parenting plan” and present it to the Court. This provides the maximum amount of flexibility and control for many parents while retaining the natural rhythms of family life.

If the parents are not in complete agreement at the time of the divorce and they have not reached a negotiated or mediated settlement, the Judge will frequently order a custodial evaluation of each party, their partners, and the children by a psychologist. Based upon this report, the Court will decide both custody and parenting time of your child(ren) that will determine where your child will reside and go to school, as well as which parent or parents have the right to make decisions regarding the child’s well-being.

At Dodd & Dodd Attorneys, PLLC, our experienced family law attorneys have worked with several custodial evaluators and will help you select the best custodial evaluator for your case. We take a comprehensive approach to understand your objectives regarding your desire to continue parenting and remaining active in your child’s life. We work to protect your child’s best interests as well as your goals in a custody dispute. Our experienced child custody and visitation attorneys know how to collect necessary evidence and documentation to support your case from negotiations through trial.

In all cases, these decisions are governed by what is in the best interest of the child. The experienced child custody visitation and parenting time lawyers at Dodd & Dodd Attorneys, PLLC work to advocate and protect the interests and goals of our clients.
While each case is different, most child custody cases result in some form of split or shared physical and legal custody. Much will depend upon the actions of each party and the dynamics associated with their previous and ongoing relationship. The Court will usually consider many factors, including the requests of each parent, the parenting skills of each party, the relationship of each child to each parent, and the proximity of each parent’s home to the existing rhythms of the child’s life.

The Judge or magistrate may also seek the input of the child based upon their age and level of maturity.

Child custody and visitation can be even more complex in cases involving narcissism or any form of personality disorder. Ask your Dodd & Dodd divorce attorney for specific strategies when dealing with these types of difficult personalities in a former spouse.

In collaborative and uncontested divorces, the parties provide an agreed-upon plan regarding physical and legal child custody for the Court to review and approve. In a contested divorce, these issues are often settled in negotiation conferences or mediation. If the matter is brought before a judge, the parties will have to rely on a total stranger to decide what is best for them and their children. This reality often leads to a negotiated solution.

You may be interested in our Divorce FAQ page. It provides answers to some of the most frequently asked questions about divorce and child custody.

Relocation and Move Away Child Custody Cases

Kentucky Judges take a dim view of parents who move out of the area or out of state with a child without seeking the permission of the Court. These cases are immediate in nature, as the issues of legal “venue” can change away from Kentucky within a matter of weeks or a few months.

If the other parent has taken your child(ren) and relocated away from the area without the Court’s permission, you must take immediate action and contact us to preserve and protect your parental rights, and to ensure that our Kentucky Court maintains jurisdiction over your case.