Are you concerned about child custody and visitation in a divorce in Louisville? Are you searching for information about how the process of determining child custody and visitation will be handled and how to protect your own goals and interests as a parent? What do you need to know about parenting as you head into and through a Louisville divorce?
Key Takeaways Regarding Child Custody and Visitation in Divorce in Louisville:
- Kentucky family law establishes a rebuttable presumption that it is in the best interests of a child to spend equal time with each parent during and after a divorce in Louisville or Kentucky.
- There is a lot any parent can do to improve the likelihood of accomplishing their parenting goals during and after a Louisville divorce.
- There are two forms of custody in Kentucky: Legal Custody and Physical Custody. It is essential to understand the differences between the two and ensure that your child’s best interests and your goals as a parent are protected and accomplished.
Isn’t the Process of a Divorce Challenging Enough?
Most people in the Louisville area find the process of a divorce challenging enough. Parents are especially concerned about protecting their own rights and shielding their child(ren) as much as possible from the impact of the divorce process. It is one of the most common issues we are asked about as experienced Louisville divorce and family law attorneys. Almost all parents have concerns about the process of child custody and visitation during the divorce, as well as how they will parent each child once the divorce is completed. The good news for many begins with a “rebuttable presumption” under Kentucky Family Law: It is in the best interests of a child to spend equal time with each parent during and after the divorce. This might translate into the idea that any discussion about child custody and visitation should start with a reasonably equal division of time between each household. However, there are many complex factors that the Court must weigh before final custody and visitation orders can be issued in your case.
The next best thing you need to know if you are concerned about child custody and visitation in divorce in Louisville is that there is a lot you can do, now and in the future, that will affect and demonstrate your preparedness to be the parent you wish to be. Think about your involvement in every part of your child’s day, from the moment they wake up to the moment they go to sleep each night. Think about their schooling, studies, physical health, religious practices, extra-curricular activities, important friends, and family connections. The more involved you are in each part of their life, the more likely you are to remain so during and after the divorce. There may also be steps you can take to improve existing patterns and enhance your parenting.
The proven divorce and family law attorneys at Dodd & Dodd have decades of experience in these cases. We are parents ourselves, and have extensive personal and professional experience with the concerns and fears that weigh on your mind. What are a few of the basics regarding child custody and visitation in divorce in Louisville?
Temporary and Permanent Orders; Physical and Legal Custody
Temporary orders will be issued at the outset of the divorce process. They can be changed, as needed. Permanent child custody and visitation orders are issued toward the end of the divorce process, or when the parties have reached a complete agreement or the Court has decided the issue. Permanent does not mean “until the child turns 18 or becomes an adult.” Permanent, in this context, basically refers to “going forward from this point until a change is required or requested down the road.” It may surprise you to learn that there are two separate forms of custody under Kentucky Family Law: physical custody and legal custody. Physical custody is the right to have each child with you, and/or living in your household, based on the schedule of the custody and visitation plan. Legal custody is the right to make crucial decisions regarding the life, education, religious practices, health, and well-being of each child. Physical and legal custody is usually shared jointly, in some manner, between each parent of the child. In cases involving issues such as domestic violence, addiction, criminal activity, and other serious circumstances, sole custody may be awarded to one of a child’s parents. Visitation refers to the time each child spends with each parent and the division of time for birthdays, holidays, school breaks, vacations, and any form of travel.
Finally, it is essential to know that the primary guiding principle of child custody and visitation in a divorce in Louisville under Kentucky Family Law will be “the best interests of the child.” When considering child custody and visitation, it is an excellent strategy to ask yourself, “What would be in (child’s name)’s best interests in (the specific situation)?” Most parents approaching a divorce are pretty worried about how things will work out and how to best protect their rights and interests as parents. We can help to answer all your questions and develop a strategy to put you in the best position to accomplish your child custody and visitation goals.
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.
Like each child and each family, every divorce case is unique. Your Dodd & Dodd divorce and family law attorney will work with you to answer your questions, calm your worries, and develop and implement strategies to protect your relationship with each child and accomplish your goals and objectives as a parent.
