What Is the New Custody Law in Kentucky?
Joint custody is an arrangement that ensures both parents are involved in making important decisions about their child’s upbringing after a separation or divorce. It also allows both parents to have equal responsibilities and rights when it comes to certain aspects such as healthcare, general welfare, and education. This arrangement aims to provide the child with both parents’ continued support and involvement in their lives.
To illustrate the importance of joint custody, in 2018, the Kentucky Legislature passed changes to KRS 403.270, underscoring the significance of ensuring both parents have equal standing regarding timesharing and child custody determinations in the state. This groundbreaking joint custody law signifies a significant shift, establishing Kentucky as one of the first states to institute a law with a presumption of equal shared parenting time and permanent joint custody.
The Rationale Behind the New Custody Laws
The statute KRS 403.270 underwent revisions aimed at promoting equality for parents who appear before courts regarding timesharing determinations and child custody issues. However, it is crucial to understand that this revision does not enforce equal timesharing and joint custody for all parents. Instead, it reflects the widely held belief that children’s best interests are served when both parents actively participate in raising and caring for their children.
The Difference Between Physical and Legal Custody in Kentucky
In Kentucky, parents have the option of sharing 50/50 physical custody or designating one parent as the primary physical custodian while allowing the noncustodial parent significant parenting time. Regarding legal custody, both parents will have partial legal custody regardless of the physical custody schedule. This grants each parent the right to participate in making important decisions concerning the child’s healthcare, religious instruction, and education.
What To Know About Reaching a Custody Agreement in Kentucky
The laws in Kentucky advise parents to use a 50/50 physical custody arrangement as a starting point for discussions regarding custody. This means that both parents share equal responsibility for the child’s physical care and time spent with each parent.
However, parents can adjust the amount of time spent with each parent based on various factors, including their preferences, the child’s preferences, the distance between their homes, their work schedules, and the location of the child’s school. When parents cannot agree on custody arrangements, they are encouraged to consider alternative dispute resolution methods, such as mediation.
These methods can help parents find common ground and reach a mutually acceptable custody agreement. If all attempts at negotiation and mediation fail, the court may need to intervene and decide on custody arrangements in the child’s best interest. This rare occurrence is typically seen as a last resort when parents cannot agree on their own.
The Impact of the New Law on Custody Agreements in Kentucky
Ever since the regulations were revised, there has been a considerable shift in parents’ willingness to engage in constructive discussions and mediation regarding timesharing and child custody issues. Previously, parents would incur substantial expenses in legal battles in an attempt to deprive the other parent of equal time with their child. The new custody law actively discourages this adversarial behavior.
To Learn More About the New Custody Laws in Kentucky, Contact Hoffman Walker & Knauf Today To Speak With Our Legal Team
Although the new custody laws have had an impact on joint custody, this does not mean that parents should not pursue full custody when circumstances call for it. To better understand these laws and what they can mean for your child custody case, contact the Kentucky family law attorneys at Hoffman Walker & Knauf today and speak with our experienced legal team about your legal options.
