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Louisville Family Law Blog

Tips for successfully co-parenting

Modification following divorce are important to understand and may include a child custody modification or a child support modification. Life seldom remains the same following a divorce which is why understanding family law resources to help with post-divorce modifications is important.

In both circumstances of child support modifications and child custody modifications, typically a significant change in circumstances for either the parents or the child may warrant a child custody or child support modification. A significant change in circumstances for child support purposes could include the loss of a job, a change in household income, a change in marital status or a serious injury. A change in the needs of the child could also warrant a child support modification.

Has your divorce taken a turn with accusations of abuse?

As complicated as your marriage was to begin with, your spouse just took it to a new level of complexity. Whether he or she truly perceived that you intended to cause harm or your spouse simply wanted to make your life as difficult as possible, when the police became involved, the situation took a turn for the worse.

Facing charges of domestic abuse is nothing you should take lightly. The serious nature of the accusations results in immediate consequences that you will likely find difficult to rise above without a strong legal advocate.

Tips for successfully co-parenting

Though a couple may make the difficult decision to divorce and no longer be spouses, that does not mean that they are no longer parents. Co-parenting tips can help the divorcing parents successfully co-parent and navigate child custody considerations following their divorce.

Successful co-parenting begins with some basics including each parent putting themselves in the shoes of the other parent, as well as the children. It is always important to have a written visitation schedule but also to be flexible to meet the needs of the children. If engaging in an activity with the other parent, though it is not their day, would be beneficial to the children, then parents should take that into account. The schedule should reflect the best interests of the child.

Understanding parental relocations

Parental relocation concerns can be a tough issue to address in any divorce setting. By understanding the family law tools and resources available to parents, they can better resolve important concerns related to child custody or parental relocation with less stress and acrimony.

Because life does not remain he same following a divorce and a divorce settlement agreement, there may be a need to make changes to a divorce settlement. It may be necessary to seek a modification of a child support order or a child custody agreement. Parental relocation may be one situation when a change to the original child custody agreement is needed or sought.

The different types of child custody

This blog recently discussed that joint custody is the preferred default for child custody decisions in Kentucky, but it is worth taking a look at the different types of child custody. This knowledge will help parents understand how child custody is determined and what they can expect from a child custody arrangement. In general, child custody decisions are always made based on the best interests of the child.

There are two general types of child custody, including physical custody and legal custody. Physical custody refers to who the child lives with. In circumstances when joint physical custody is awarded, the child will live with both parents and go back-and-forth between homes. If there is a reason for concern, such as domestic violence in the home, one parent may be awarded sole physical custody. Depending on what is in the best interests of the child, the other parent may have visitation rights in those circumstances.

Property division basics in Kentucky

Property division can be a complex topic it is important for divorcing couples to understand. In Kentucky,

equitable distribution rules are followed when couples divorce to help ensure as nearly as possible that property is fairly divided between the spouses.

Hidden assets: When is further investigation warranted?

You may be one of many Kentucky spouses who hoped to navigate the divorce process in as low-stress, economically feasible fashion as possible. Your main goal at the start was simply to protect your children's best interests and achieve a fair and agreeable settlement so that you could move on in life and not become entangled in a drawn-out courtroom battle.  

While that may have been your intent, if the other person involved has impeded the process by doing something you believe is undermining your rights as a parent or something that is dishonest, you may have reason to investigate the matter, and you can bring it to the court's immediate attention, if necessary. If you think your spouse is hiding assets, not only can it delay successful property division proceedings, it is also illegal. 

Addressing parental relocation concerns

Parental relocation is often a significant concern for parents when they share custody of their children and one parent wants to relocate with the child. When the custodial parents wishes to relocate, it can create a child custody dispute that must be resolved.

Fortunately, the family law process provides resources to help parents and families resolve concerns related to parental relocation. Child custody can be greatly impacted by a parent's desire to relocate and if a child custody situation is bad, it can be exacerbated by a relocation request. The family law court will always look to what is in the best interests of the child when considering a relocation request. In addition, they may also look to other factors such as distance and if the parent is seeking to move to a different city or move to a different state.

What factors are considered with best interests of the child?

Kentucky couples who have a child and have ended their relationship will often be in dispute over child custody. Obviously, co-parenting and sharing parenting time is often beneficial for the parents and child. However, the decision as to which parent will be granted primary custody is often the foundation for rancor and disagreement.

Many factors are involved when the court decides which parent will be given custody. A key is the best interests of the child. Knowing what is considered when determining the best interests of the child can help to understand how that decision is made.

What is considered with property division in a Kentucky divorce?

Divorce is difficult to deal with and residents who are parting ways at the end of a marriage will have a litany of issues. If there are children from the marriage, they will obviously take precedence over everything else. However, property division is also an important part of the proceeding.

This can be due to ownership of a home, business ownership, retirement accounts and other assets that will be up for dispute. Knowing how the law will determine who gets what is a good place to start before moving forward with negotiating or going to court. People should remember that there will be no consideration of any allegations or proof of marital misconduct when dividing the property in a way it deems to be just.