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What Are the Custody Laws in the State of Kentucky?

Divorce is an often difficult but necessary process for two individuals who are no longer compatible in their marriage. No matter how emotionally stressful it is for the couple, divorce is almost always more confusing and painful for any children shared by the parents. In the state of Kentucky, a family court can award either joint custody or sole custody. Custody is defined as the ability to make decisions for the child throughout his/her life, including that decisions about religion, educational opportunities, and health care.

While both parents may share joint custody, sometimes a child will live at the “primary residence” of one parent for most of the week, while the other parent will be awarded parenting time or visitation rights. However, in Kentucky, there is now a presumption of equal parenting time in the majority of cases, unless there has been domestic violence. This change in the law has had dramatic effects on parenting schedules and we are now seeing more joint custody and equal time-sharing cases then we did in the past.

To determine which parent is awarded primary residence, a Court will examine several key factors, including those related to:

  • The current physical and mental health of both the parents and the child.
  • Each parent’s current living situation and state of the home.
  • The parents’ proximity to important locations, such as the child’s current school or church.
  • The child’s ability to adjust to a new environment.
  • The child’s relationships with other critical members of the family, such as, siblings, or other extended relatives.
  • Any background of domestic abuse or criminal charges.
  • The child’s wishes if said child is old enough and mature enough to reasonably express his/her wishes.
  • Any other relevant factor.

No matter the scenario, the child custody attorney Louisville, KY at Winner Law Group, LLC can help you address the following issues:

Call us today at (502) 812-1889 or reach out to us online to benefit from the powerful counsel of our Louisville child custody and visitation attorneys.

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