Does a minor have a say in a Louisville child custody case or any visitation matter in Jefferson County?
Here in Kentucky and throughout the country, many family law codes require the Court to consider the “best interests of a child” throughout any divorce, relocation, or child custody and visitation matter.
The best interest of a child includes, but is not limited to:
- A parent’s perspective on the interests of their child(ren)
- The home each parent will be able to provide (from the perspective of the child’s needs, safety, schooling, and interests)
- The nature of the existing parent-child relationship
- The existing patterns in a child’s life, i.e. school, health, religious practices, extra-curricular activities, friends, and support
- The Court’s confidence in the nature of the relationship between the parents and their capacity to work together to protect the best interests of the child(ren) and encourage consistent quality contact and relationship with the other parent
- Existing influential relationships with the child, such as grandparents or others who are important in the child’s life
- Evidence of physical or emotional abuse, drug or alcohol abuse, or criminal activity
Will a minor have a say in a Louisville child custody case if they have strong feelings about which parent they wish to primarily reside with? While there is nothing in Kentucky Family Law requiring the Judge to seek each child’s input, the Judge in a Louisville divorce proceeding or post-decree child custody case will almost always want to be aware of the child’s wishes. The weight of the child’s input usually increases along with the age of the minor. The stated preferences of a thirteen-year-old usually carry more weight than the perspective of an eight-year-old. However, it is also essential to know that no Kentucky law requires the child(ren) to express their wishes to the Court.
In fact, there are cases where the request of a child has opened the door to the existence of “parental alienation.” Parental alienation is an attempt by one parent to interfere with or negatively affect the relationship between a child and the other parent. The Judge will usually wish to speak with the child in private (without parents present). Ultimately, this can expose the manipulation of one parent over the child and negatively impact the custody and visitation of the parent responsible for attempting to influence the child.
A child’s participation in Kentucky divorce or family law matters is considered case-by-case. No statutory mandate, rule, or practice requires the input of a child during a legal proceeding regarding custody and visitation. Nor does Kentucky law prohibit the child from having an input in their own case. The Court usually strives to balance the input and expressed wishes of the child with the legal interpretation of the child’s best interests.
Can a minor have a say in a Louisville child custody case or anywhere in Jefferson County? Generally speaking, yes, but Kentucky law establishes the legal authority of the Court to determine what is in the child’s best interests.
It is always important for each parent to protect their children’s best interests during a divorce and in the coming months and years. It is also important to work with experienced, proven counsel at Dodd & Dodd who provide advice and counsel based upon decades of experience in Kentucky and Louisville child custody and parenting time cases.
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.
