Parents who are seeking a divorce in Louisville or Jefferson County might not understand the difference between physical custody and legal custody of a child during and after the divorce. What are the legal forms of child custody, and how are the terms of “physical custody” and “legal custody” different from standard terms such as “joint custody,” “visitation,” or parenting time? What do you need to know about child custody and visitation laws in Kentucky at the outset of a Louisville divorce case?
Perhaps the most essential legal concept in a Kentucky divorce, child custody, or family law case involving children is the principle of “the best interests of the child.” Louisville family courts are consistently focused on the best interests of a child in any legal matter involving the life of a child.
So, how do the concepts of physical custody and legal custody relate to child custody and visitation here in Kentucky? Physical custody gives a parent the right to have a child with them or living in their home. Visitation is actually a portion of physical custody. Kentucky family law establishes a rebuttable legal presumption that it is in the best interests of each child in our state to spend roughly an equal amount of time with each parent during and after a divorce.
The visitation schedule or parenting plan may therefore be as unique and creative as needed to reflect each child’s existing patterns, schedule, and activities, as well as the goal of preserving those things in the future, whenever possible.
The attorneys at Dodd and Dodd understand it is most often the goal of our clients to maximize the amount of visitation they have with each child. It is helpful to start with the question of how your child(ren) will get to and from
- school
- medical appointments
- religious activities
- parent-teacher conferences
- extra-curricular activities
When approaching a goal of maximum visitation with a child, examine your role in each moment of your child’s present life and activities. This can provide insight into the likelihood that you will be able to maintain an active presence in each child’s life during and after a divorce.
Legal custody is the authority and right to make important decisions for any child related to things such as health care, education, and religious practices. “Shared parenting” usually refers to equal time-sharing between the houses of each of the child’s parents. “Joint custody” occurs when each of the child’s parents share physical and legal custody.
Therefore, visitation, physical custody, and legal custody must be rully addressed by the Court before a divorce can be completed. Parents usually have some idea of how they want things to work out. In some cases, the parties are generally in substantial agreement but need to work through a few details. In other cases, there may be significant disagreement over parenting time, physical custody, and legal custody.
Issues involving your children are often among the highest of priorities for parents seeking a divorce in Louisville or Jefferson County. This is why it is essential to work with our experienced divorce and family law attorneys at Dodd & Dodd. We invite you to talk to us about your parenting goals and any concerns you might have, to learn more about visitation, as well as physical custody and legal custody in and after a Louisville divorce. We want to work with you to accomplish your goals, to gain an understanding of each step in the process, and to develop the right strategies to accomplish their 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.
