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When it comes to custody and visitation rights in Kentucky, it's important to understand that the courts prioritize the "best interests of the child." Here's a breakdown of key points:
Best Interest of the Child:
Kentucky courts focus on what's best for the child, not necessarily favoring one parent over the other.
Joint Custody Presumption:
Kentucky law has a "rebuttable presumption" in favor of joint custody and equal parenting time. This means the court starts with the assumption that this arrangement is in the child's best interest, unless evidence suggests otherwise.
Factors Considered by the Court:
The court will consider various factors, including:
The wishes of the child and parents.
The child's relationship with each parent.
The child's adjustment to home, school, and community.
Evidence of domestic violence.
The mental and physical health of all involved.
Visitation Rights:
Generally, a parent who is not granted primary custody is entitled to reasonable visitation rights, unless it's determined that visitation would endanger the child.
Domestic Violence:
A history of domestic violence significantly impacts custody and visitation decisions. The court will prioritize the child's safety.
Legal vs. Physical Custody:
It's important to distinguish between legal custody (decision-making rights) and physical custody (where the child lives).
Mothers Rights:
It is inaccurate to consider Kentucky a "mother state". The courts are to remain gender neutral, and to make rulings based on the best interest of the child.
Key resources for more detailed information include:
Kentucky Justice Online: This resource provides information on custody and parenting time in Kentucky.
WomensLaw.org: This site provides legal information, especially concerning domestic violence and custody issues.
DivorceNet: This site offers general information on divorce and child custody laws in Kentucky.
Cordell & Cordell: This is a law firm website that provides resources concerning child custody.
