How To Get Full Custody of a Child as a Mother in Kentucky?
Family courts in Kentucky prioritize the continued involvement of both parents in a child’s life following a marriage breakdown. That is why in cases where a parent seeks sole custody, which grants them the authority to make all decisions for the child, they are required to present evidence demonstrating that this arrangement is in the best interest of the child. They need to show that it is more likely than not that sole custody is the optimal arrangement for the child. To help you understand what this situation can mean for you, in the following guide, we will review custody in more detail and explain how to get full custody of a child as a mother in Kentucky.
Different Types of Custody
Different types of custody are recognized in Kentucky. They include the following:
Physical Custody
Physical custody refers to the residential or day-to-day care of a child. It refers to the parent with whom the child primarily resides and who is responsible for meeting the child’s daily needs, including meals, hygiene, bedtime, and daily activities.
Legal Custody
Legal custody refers to a parent’s legal right to make crucial decisions on a child’s behalf. These decisions typically relate to the child’s religious upbringing, education, cultural activities, and healthcare. However, it is important to note that legal custody does not necessarily determine with whom the child will primarily reside.
Legal custody arrangements can be either temporary or permanent, depending on the circumstances of the case. Temporary custody is commonly awarded during paternity or divorce cases, and it provides a temporary framework for decision-making until a final custody order is determined. This temporary arrangement may lead to a contested hearing, during which a judge will assess the situation and ultimately decide whether to grant permanent custody to one or both parties involved.
Sole Custody
In a sole legal custodial situation, only one parent is granted the legal authority to make decisions regarding the child’s religious upbringing, medical care, education, cultural activities, and other important matters without consulting the other parent. This means that the parent with sole legal custody has the exclusive right to make these decisions and does not require input or agreement from the non-custodial parent.
Joint Custody
Joint custody is a type of custody arrangement where both parents are responsible for making decisions for their children. This means both parents have the authority to make important choices about the child’s upbringing, healthcare, education, and general welfare. However, it is not uncommon for one parent to be designated as the primary residential parent, meaning the child lives with them most of the time while the other parent has visitation rights. Despite the living arrangement, both parents are expected to collaborate and reach mutual agreements on crucial decisions for the well-being of the child. This arrangement is based on the principle that both parents should remain involved in the upbringing of their children, even if they are no longer together as a couple.
How Do You Obtain Sole Custody?
In Kentucky, determining child custody terms is based on the child’s best interest. It is generally presumed that joint custody is favored when domestic violence is not an issue. However, this presumption does not imply that every case demands joint custody. What it means is that in most cases, if a parent wants sole custody, the burden of proof lies with them to demonstrate why it is in the child’s best interest.
Contact Hoffman Walker & Knauf To Learn More About Full Custody
If you are seeking sole custody or want to learn more about your custody options, contact Hoffman Walker & Knauf today and speak with one of our experienced family law attorneys.
