Answering Your Questions About Child Custody In Kentucky
Creating a child custody agreement is not always a straightforward process, and the stress may only increase if the court must get involved. At Omega Law PLLC, our clients often have questions about child custody in Kentucky. Below, we provide answers to some of the most commonly asked questions to get you started.
How is child custody typically decided in Kentucky?
Shared or “joint” custody is always preferred. Joint legal custody refers to the decision-making authority of each parent over the child’s well-being, such as where they attend school and what medical care they receive. Physical custody refers to which parent has actual possession of the child at any given point.
What factors are considered when determining child custody in Kentucky?
The best interests of the child come above all else. The court will carefully consider the relationship the child has with each parent. For example, they may look at which parent has been feeding, clothing and taking care of the child daily. Generally, the court will look to provide the child with as much stability as possible.
If there are any safety issues, such as domestic violence, then the court will take that into consideration. In some cases, supervised visitation will be necessary for the noncustodial parent to protect the child’s well-being.
Can grandparents seek custody of a child in Kentucky?
Grandparents can only seek custody of a child in Kentucky if they have de facto custodian status. This means that they have taken care of the child’s daily needs for a considerable length of time.
However, the family courts do recognize the importance of the relationship between grandparents and their grandchildren. Grandparents have a legal right to reasonable visitation of their grandchildren. The only exception to this is if it can be proven that it would not be in the best interests of the child.
How can someone modify a child custody order in Kentucky?
Custody orders are legally binding. To change the terms of a custody agreement you must request a modification and get approval from the court. That means you must present a case as to why a modification would be in the best interests of the child. An experienced attorney can frame your argument in the best possible light.
More Questions? Contact Us For Answers.
At Omega Law PLLC, our child custody attorney is ready to provide you with the information and representation you need to address your child custody concern. Schedule an initial consultation through our online form, or call our office at 859-905-0814 in Kentucky, 812-497-4836 in Indiana or 866-586-7577 toll-free.