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Custody battles are always challenging; not just for the couples involved, but for their children as well. Even under the most amicable of circumstances, disagreements can arise over how child custody is determined.
Recently, many unmarried parents have decided to work out their parenting arrangements without legal guidance. While this works when things are going well, these arrangements inevitably fall apart, and court intervention becomes necessary. As you enter the family court system to determine the future of your kids, it is important to have a dependable attorney there to fight for you. At Tibbs Law, we are prepared to make sure your family’s best interests are supported throughout the child custody process.
Navigating the Kentucky family court system requires a clear understanding of the two distinct types of custody:
Kentucky courts utilize the “best interest of the child” as the standard to determine custody arrangements. Whether you are seeking sole custody or parenting time, several factors will influence the court’s award. It is important to note that Kentucky law is gender-neutral; there is no inherent preference given to a mother or a father. Each party receives equal consideration regarding parenting time.
In the Commonwealth of Kentucky, custody is generally categorized into two main types:
Kentucky law is gender-neutral; there is no inherent preference given to mothers or fathers. Every parent enters the courtroom with equal consideration and the right to seek equal parenting time.
Under KRS 403.270, the court evaluates several factors to determine what arrangement truly serves the child’s best interests. These include:
Even in cases where one parent has primary physical custody, the other parent is typically entitled to “parenting time” or visitation. The goal is to facilitate a healthy, ongoing relationship with both parents. We help clients draft detailed parenting plans that outline specific schedules for holidays, birthdays, and summer vacations to prevent future confusion and conflict.
A custody order that worked two years ago may no longer be functional with your everyday life. You may seek a modification of a custody order if there is a substantial and continuing change in circumstances. Common reasons for modification include:
Under Kentucky law, you generally must wait two years after a custody decree to modify it unless the child is in physical or emotional danger.
For many, custody is the most difficult component of a Louisville divorce. Whether your divorce is contested or uncontested, the court will not finalize the dissolution of marriage until a custody and support agreement is in place. At Tibbs Law, we make sure that your custody goals are integrated into your overall divorce strategy to provide a seamless transition for your children.
It is decided based on the “best interests of the child,” with a legal presumption that joint custody and equal parenting time are best unless evidence suggests otherwise.
Yes, but Kentucky law generally requires a two-year waiting period to modify custody unless the child is in immediate physical or emotional danger.
The court may consider the child’s wishes if they are of “sufficient maturity,” but the judge makes the final decision based on all best-interest factors.
We can file a Motion for Contempt to hold the non-compliant parent accountable and ensure the court-ordered schedule is enforced.
When your relationship with your children is at stake, you cannot afford to leave the outcome to chance. At Tibbs Law, we provide:
If you’re considering modifying a custody agreement or are in the custody process already, you need a dedicated family law firm on your side. Contact Tibbs Law today at (502) 654-8422 to schedule a consultation to discuss your options.
