Determining child custody is one of the most important decisions made during a divorce. In Kentucky, courts strive to make custody decisions that are in the child’s best interest. Several factors play a role in how custody is ultimately determined.
Types of custody in Kentucky
Kentucky law recognizes both legal and physical custody. Legal custody refers to the ability to make decisions about the child’s upbringing, such as education, health care, and religion. Physical custody pertains to where the child lives and the day-to-day care they receive. Courts may award joint custody to both parents or sole custody to one parent, depending on what is good for the child.
Best interest of the child standard
The primary factor in determining custody in Kentucky is the best interest of the child. Courts consider many aspects when making this decision. These factors include each parent’s relationship with the child, the child’s preferences (if they are old enough to express a reasoned choice), the child’s physical and emotional needs, and each parent’s ability to provide a stable home environment. Courts also consider any history of domestic violence or substance abuse.
Parental cooperation and joint custody
Kentucky courts generally prefer joint custody, encouraging both parents to actively participate in their child’s life. However, joint custody requires a level of cooperation between parents. If parents demonstrate an ability to communicate and work together, joint custody is more likely to be awarded. The court may also consider any existing parenting plans and how each parent contributes to the child’s welfare.
Parenting time and visitation
Parenting time, also called visitation, is determined based on what is in the child’s best interest. Even when one parent receives primary custody, the other parent is usually granted substantial visitation rights. Courts aim to ensure that both parents maintain a meaningful relationship with the child, as long as it is safe and beneficial for them.
Child custody decisions can be challenging, but understanding the legal framework in Kentucky can help parents navigate this difficult process. By focusing on the child’s well-being and maintaining open communication, parents can work towards an arrangement that benefits everyone involved.