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Louisville Family Law Blog

Child custody laws in Kentucky explained

Kentucky's child custody laws are intended to achieve what is in the best interests of the child or, in other words, what is best for the child when a child custody decision is being made. This can help parents rest a little more easily during the child custody process and also help them know what to focus on as well.

Parents are encouraged to reach a child custody agreement on their own but if they are unable to do so, the family law court will help them reach a child custody arrangement that is best for the child and that determines who the child will live with, what the visitation and co-parenting schedule will be like and who will make major decisions for the child. The court will first look to what is in the best interests of the child when making any of these decisions.

Dispute resolution methods that may work for your divorce

Divorce is a lengthy and complex process, as Kentucky readers know, and it might be helpful to consider ways you can minimize complications associated with this process. One way to reduce the stress of this process is to avoid litigation. For some couples, staying out of the courtroom is possible by employing alternative methods of dispute resolution.

One of the most common of these methods is mediation. By mediating your divorce, you may enjoy the various benefits that come with avoiding court and having a stronger voice in the outcome of your divorce. Before you move forward or make any important decisions for your future, it might be helpful to think about how mediation could benefit you.

Family law resources and tools help with property division

The complexities of the property division process are important to understand because familiarity with the process can help divorcing couples know what to expect and hopefully make their property division process less complicated. There are a variety of different types of property to take into account during the property division process, and a number of different family law rules to help.

It is beneficial for divorcing couples to understand the property division process so they can identify assets they want to prioritize. This, in turn, can lend itself to a smoother property division process and oftentimes a settlement agreement with which both parties can live. While the family law process provides a variety of resources to help couples resolve their divorce-related concerns, those going through marriage dissolution are always encouraged to reach agreements that work best for them and for their family.

When can a parent relocate with a child?

Child custody can be a stressful part of the divorce process, but parental relocation can potentially create even more anxiety for parents if a parent wants to relocate with the child. Because relocations are not uncommon following a divorce or separation, it is helpful for parents to understand how the family law process views the issue so that they know what to expect.

Because parental relocation can have a significant impact on a child, their parents, and family, there are certain rules surrounding parental relocations. As is true of any child custody concern, including parental relocation, the best interests of the child standard is used to determine whether or not the relocation should be permitted. There are some valid reasons to consider a parental relocation, and parents requesting a relocation or parents considering, or opposing, a request for relocation should be familiar with what those are.

Addressing retirement concerns during divorce

Going through a divorce can be rough at any stage but older Americans who are divorcing can face a host of challenges. Fortunately, the family law process is available to help guide divorcing couples through their divorce and property division processes and to help them address their concerns, including retirement concerns and how retirement will be impacted by the divorce.

Property division later in life can be especially challenging as assets are intertwined and plans for retirement may have already been made. Divorce rates among those over age 50 are increasing and research shows that the number of couples divorcing after 50 has doubled since the 1990s. Divorcing later in life can cause expenses to double in some instances when retirement accounts and savings may have been based on other plan for the future.

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.