FAQ About Child Custody

 

How is custody & parenting time determined after a divorce?

 

Ideally, the parents should try to work together to determine the parenting time arrangements of their kids. The reality is an attorney may need to intervene to help make the arrangements. Mediators are often required when communication between the divorcing spouses is strained and the parents are not otherwise able to reach an agreement. Pending a mediator and final order the courts may establish temporary arrangements regarding the children. A judge will sign off on the final agreement or issue a final order when parents cannot agree, which means both parents must follow it. The ultimate goal is to come up with a custody and parenting time plan that benefits the children.

 

What is the typical child custody & parenting time arrangement?

 

Generally, the court will award parents joint custody of children to allow for each of the parents to maximize their involvement with the children. 

 

The presumption in Kentucky is for parents to have equal time with the children. For holidays and summer breaks, the breaks are usually equally divided and holidays alternated. If changes need to be made to the time-sharing arrangement, there should be documentation indicating how much notice is needed for schedule adjustments.

 

What happens if the custody arrangement isn’t working?

 

Within the first two years after custody is established, to modify custody there must be reasons to believe that the child's present environment may seriously endanger his or her physical, mental, moral, or emotional health; or that the child has been placed with a third non-parent party.

 

If one or both parents aren’t following the time-sharing arrangement, it may need to be modified. Time-sharing arrangements are based on the best interests of the child(ren).

 

It’s best to consult with a family law attorney to find out what legal options are available.

 

What’s the difference between sole and joint custody?

 

When legal custody is established, one or both parents are permitted to make decisions about their child’s health care and schooling matters. Joint custody allows for both parents to be involved with the decision-making and access to the children's information.  Sole custody restricts those decisions to that sole parent who is awarded the sole custody designation.  When a parent is awarded sole custody the other parent still is entitled to visitation; however, the decision-making is solely to the parent awarded custody.

 

When parents with kids divorce, the goal should always be doing what’s in their children’s best interests. If communication breaks down, a family law attorney can help prepare fair child custody agreements. Since 1981, the office of Lonneman & McMahan, PLLC in Elizabethtown, KY, has helped families by providing legal services involving divorce. What makes the attorneys different is their commitment to providing solutions that are equitable to everyone involved. If you’re having issues with child visitation and establishing custody, call (270) 765-2190 to schedule a free consultation. Visit their website for information on the law firm’s complete lineup of services for residents of Hardin, Larue, Nelson, Hart, and Grayson counties.