How Domestic Violence Affects Family Law Cases in Kentucky
Research has shown that even when children are not direct targets of abuse, exposure to domestic violence can lead to long-term emotional and psychological issues, affecting their future relationships and overall development. Consequently, state laws typically mandate that judges thoroughly assess a parent’s history of domestic violence when determining custody arrangements to prioritize the safety and well-being of the children involved.
In the below article, we will review these issues in more detail, specifically explaining how domestic violence affects family law cases in Kentucky.
Child Custody Laws in Kentucky
In Kentucky child custody cases, the courts are tasked with determining “legal custody,” which pertains to designating which parent will be responsible for making major decisions concerning the child’s health, education, and other activities, and “physical custody,” which involves determining the child’s primary residence and visitation schedule.
The courts are also obligated to give equal deference to both parents and make custody decisions based on what is deemed to be in the best interest of the child. As a result, when making this determination, the court will usually take into account a variety of factors, including:
- The relationship between the child and the other parties involved
- The parents’ wishes
- The physical and mental health of all those involved
- The child’s adjustment to their home, school, and community
- Any history of domestic violence or substance abuse
How Is Domestic Violence Defined in Kentucky?
In Kentucky, domestic violence refers to any violent behavior occurring between unmarried couples, members of a family, and individuals residing in the same household. This behavior can include a range of actions, such as:
- Sexual abuse
- Assault
- Physical injury that was non-accidental
- Threats of the acts above
How Does Domestic Violence Impact Custody Issues
When Kentucky courts make decisions about child custody, they are mandated to carefully determine how abuse and domestic violence have impacted the child and the relationship between the child and each parent. This assessment will take into account the well-being and safety of the child, and both parents involved in the case will need to disclose to the court any ongoing or past court proceedings related to domestic violence, termination of parental rights, or protective orders. This ensures that the court is fully informed before making any custody determinations.
Conditions on Visitation
In Kentucky, the court’s decision to grant a party visitation hinges on whether the judge perceives it as a potential threat to the child’s mental, physical, or emotional well-being. In cases where the judge finds that a parent has engaged in domestic violence, visitation rights can be denied entirely, or specific restrictions can be placed on visitation arrangements. These conditions may include supervised visitation, the presence of a third party during visitation, restricted visitation hours, or any other measures deemed necessary to ensure the safety of the abused parent and child during visitation.
Terminating Parental Rights in Kentucky
In Kentucky, the courts have the authority to terminate all parental rights of a minor child in specific circumstances, such as when the child is found to be in an unsafe or detrimental environment or when the parent demonstrates a consistent pattern of neglect or abuse. However, even under these circumstances, the court will likely only terminate these rights if they believe it is in the child’s best interests.
Contact Hoffman Walker & Knauf To Learn More
Domestic violence is a serious issue that can occur within a marriage or in other types of relationships. Those involved in such situations must be aware of the options available to them. For further information about how domestic violence affects a family law case in Kentucky, contact Hoffman Walker & Knauf today.
