We ask each client in our first meeting “What worries you the most?” One of the most common answers is: I want custody of my child and to spend as much time as possible with him/her during and after the divorce. Child custody and visitation is one of the most common and often contentious issues in a Louisville divorce. How will child custody be decided in your case.
Let’s begin this conversation with some important terminology. Custody in legal terms refers to legal custody, which is the right to make important decisions regarding the life and welfare of the child, and physical custody, which is the right to have them with you. Physical custody extends to issues such as picking them up or taking them to school or important appointments and having them live with you in your residence. Custody can either be sole (entirely awarded to one of the child’s parents), joint or shared (both parents share the custody right) or in some cases primary (most of that custody right will rest in the hands of one of the parents).
Visitation involves the orders of how often, when and under what circumstances will you see your child(ren). Think of visitation as a schedule of the times you will spend with each child.
The mindset of – I want custody of my child or children during and after a Louisville divorce – must be considered along with the central principle of Kentucky Family Law which is basically the best interests of each child. There are several factors the Judge will consider when evaluating each parent before determining child custody and visitation orders. Some of these things involve the atmosphere and safety of your home, your ability to provide food, clothing, care and shelter, as well as your involvement in the daily life and activities of each child. If you’re concerned about past issues we work with our clients to improve their position by increasing important connections with and support of their child(ren).
You might be thinking: But I want custody of my child because my spouse is physically or emotionally abusive/addicted to alcohol or drugs/involved in criminal activity/controlling or suffering from a personality disorder. The Court will give serious consideration to all factors and in cases where the safety of the child is at risk. In cases of domestic violence or concerning behaviors the Court will issue orders to protect that child such as awarding sole custody to one parent and/or supervised visitation. Each case is unique and the Court is focused upon what is best for each child’s unique circumstances.
If your biggest worry is related to child custody or visitation you will need an experienced, proven Louisville divorce and family law attorney with a successful record at trial. You will need someone with decades of experience to guide you through each step of the child custody and visitation process. We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
