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Louisville Family Law Blog

Child custody resources for parents

Child custody is commonly a top-of-mind concern for couples considering divorce. For couples with children who are divorcing in Kentucky, understanding the child custody process and how the family law court handles it can be useful to help keep anxiety about the process at a minimum.

Kentucky courts will evaluate what is in the best interests of the child when making child custody decisions. To determine what is in the best interest of the child, the family law court will visit a number of factors to help it better understand what the best child custody situation possible for that child is. Each situation is different but the family law court will look at the wishes of the parents and their ability to parent; the wishes of the child; the emotional bond between the parents and child; and what the impact would be if the child custody arrangement forced the child to adjust to a new neighborhood or school.

Is the other parent threatening your custody rights?

Parenting after divorce is not easy. You may still be reeling from the emotional and financial fallout that can accompany the end of a marriage, and you may find transitioning after the process is complete difficult and overwhelming. This is not an easy process for both parents and children.

Kentucky parents want to do anything they can to minimize the negative impact of a divorce on the children. One way parents can do this is by remaining civil and working together to provide stability and continuity of lifestyle, even after the process is final. However, custody and visitation matters are often complex, and you may find the other parent is not cooperative. This can lead to something called parenting time interference.

Help dividing complex assets

In certain circumstances, property division during a divorce can be very complicated. Complex situations may arise when a divorcing couple owns a business together or when complex assets, such as a family business, must be valuated and divided. A variety of complex assets may need to be divided during the divorce process, including businesses, retirement accounts or investment accounts.

Property division can always be a significant concern for divorcing couples, but, when it includes high-value assets or the business the family relies on for income, it can be particularly overwhelming. Whether the divorcing couple are owners of a small business, a family owned business, or are professionals that need to divide the assets of some other type of partnership or business, the property division process can help address their concerns.

Who will get child custody in my divorce?

Who will be awarded custody of children is of significant concern during any divorce. Knowing how child custody determinations are made can help parents reach the best custody arrangement possible for their family.

Child custody decisions are generally made based on what is in the best interests of the child. A variety of factors determine what is in their best interest. There are different child custody arrangements that may be made based on this. Child custody arrangements can be sole or joint between the parents. Physical custody and legal custody must both be determined. Shared custody is preferred to provide as much contact with both parents as possible, but sole custody may be awarded to one parent when it is determined to be the best option.

Child custody relocation requests and how to navigate them

Relocating with a child following a divorce can be a challenging proposition, which is why it helps for parents seeking to relocate following a child custody agreement to be familiar with how those requests are handled by the family law court. Different factors are considered when evaluating a relocation request by one of the parents.

Life changes following a divorce, which is why the family law system serves as an ongoing resource to parents and families. The family law court is able to address relocation concerns as well as child custody modification requests and other divorce-related modifications that may come up. In addition, mediation and collaborative law options can help parents work through some of these concerns with as little acrimony as possible.

What is marital property?

Marital property is the classification of property that is divided upon divorce which is why it is essential for divorcing couples to understand what marital property refers to. The other common type of property, in additional to marital property, is separate property which is not generally subject to division during a divorce and a third type of property, commingled property, may also come up during the divorce process.

Marital property refers to property that is acquired after the couple is married. By contract, separate property is property that one of the spouses entered the marriage with. Separate property can include separate earnings and property the spouse entered the marriage with; gifts; inheritances; and personal injury awards. Marital property can include property that is acquired during the marriage or income and earnings acquired during the marriage.

Is it possible to reduce the complications of divorce?

Divorce is not an easy process, even for couples that resolve to be amicable and work through issues in a reasonable manner. However, there are ways that a person going through divorce can ease the complications of this process and reduce the stress that many experience. If you are getting ready to initiate this process, it may be helpful for you to learn about ways to make it as easy as possible. 

Every divorce is different, and it can be helpful to first identify your goals before you move forward with this process. When you understand your rights and what to expect, you can reduce the chance of having to resort to stressful and complex litigation. It is not simple to extricate two lives and end a marriage, but it is possible that you can emerge with a strong post-divorce future intact. 

Dividing property in a divorce

There are many reasons a marriage might end in divorce, and most of them involve some unpleasant emotions. However, divorce itself is a legal process, and the bulk of the work in that process is often devoted to property division. This is the process within divorce in which the parties decide on how to divide their assets, including bank accounts, their home, personal items and more.

Most states, including Kentucky, follow equitable property division rules which means that property is divided in a way that is fair or equitable. Equitable property division is largely based on the discretion of the family law court and is determined on a case-by case basis. It is also important to keep in mind that only marital property is divided which includes money and property acquired during marriage.

Parental relocation basics and what parents should know

When a parent wants to relocate with a child, it can be problematic for the entire child custody situation. Because of how significant a request for relocation can be, it is helpful for parents to be familiar with the different aspects of a relocation request and what the court considers when determining whether or not to grant one.

When a relocation is sought, the court will look to what it always looks to when child custody concerns are being evaluated which is what is in the best interests of the child. The family law court will look at the impact of the proposed relocation on the existing child custody and visitation situation and determine what is in the best interests of the child. Based on that determination, the family law court will determine if it will grant the request for relocation or require the custodial parent to remain in the state and refuse to permit the relocation.

Alimony in a Kentucky divorce

Alimony and child support are common concerns during most divorces. Because one spouse commonly earns more money and the other spouse contributes to the family and household in other ways, the financial split during the divorce process can be challenging.

Family law resources help divorcing couples as their financial picture changes during divorce and helps them work out various support issues including alimony and child support. Because property division in Kentucky focuses on equitable property division, the family law process will help the divorcing couple reach an equitable financial solution. Because alimony can be a contentious issue during divorce, it is helpful to understand the process and how to reach an outcome all parties can live with.