Understanding Joint Custody in Kentucky: What It Means for Parents
Understanding the distinctions between sole custody (where one parent has primary custody) and joint custody (where both parents share custody) is vital for parents going through a separation. In Kentucky, custody laws prioritize the child’s best interest, considering factors such as the child’s relationship with each parent, their adjustment to home, school, and community, and the mental and physical health of all individuals involved. These factors can have implications for co-parenting arrangements, making it critical for parents to be well-informed about the legal framework governing child custody.
Getting Custody of Your Child in Kentucky
In Kentucky, family courts are mandated to make custody decisions based on the best interest of the child or children. In most cases, parents are awarded joint custody of the children and, if their schedules allow, equal parenting time with the children. However, factors such as the child’s well-being, the parents’ work schedules, and other circumstances may lead to different custody arrangements.
The Differences Between Joint and Sole Custody
Joint custody is a legal arrangement that allows both parents to share the responsibility for raising their child or children following a divorce or separation. It grants equal rights to both parents in making decisions about the child’s upbringing, including education, healthcare, and general welfare. In comparison, sole custody is when one parent is granted exclusive custody of the children and becomes the sole decision-maker. This means that the parent with sole custody has the authority to make important decisions about where the children live, which doctors they see, and which school they attend, among other aspects of their upbringing.
Is Joint Custody Ever Denied?
In cases where one parent has a Domestic Violence Order (DVO) against the other parent, a judge may assume that joint custody would not be in the best interest of the child. This may be for the protection of the parent or the child.
Additionally, in rare cases where the child in question is conceived from rape or sexual assault, the offender cannot obtain custody or visitation rights unless a party specifically requests a judge to order visitation rights. However, such requests can only be made by a mother who is 18 or older. This is a legal protection put in place to ensure the safety and well-being of the child and the parent who may be at risk.
Can a Child Decide Which Parent They Want To Live With?
The determination of where a child lives is not based on a specific age but rather on the best interest of the child. Despite a child’s perceived maturity, the law considers them a minor and not capable of making such decisions. While the court may take the child’s preferences into account, the final decision will be made based on what is deemed best for the child.
Contact Hoffman Walker & Knauf Today To Learn More About Your Rights When It Comes To Custody
In times of family crisis, having legal representation that truly understands your situation is important. At Hoffman Walker & Knauf, our family law attorneys are dedicated to listening to your unique circumstances, aligning with your objectives, and crafting a personalized strategy to help you achieve favorable outcomes. With a wealth of life experience, our team is well-equipped to provide sound guidance, unwavering support, and skilled navigation through the emotional and legal complexities, whether your case is resolved through mutual agreement or court proceedings.
If you are looking for further information about joint custody in Kentucky or want to review your situation with an experienced family law attorney, contact Hoffman Walker & Knauf today to speak with our team.
