Kentucky child custody and parenting time laws focus on a central theme: the best interests of the child.
Our laws require Family Court Judges to presume that it is in the best interests of a child to spend time with each of their parents. Does this make “joint custody” the preference of the Court in every case? No, but it is the “rebuttable” presumption from which the Court will begin its deliberations.
Our Family Court Judges will often let a child have a say in parenting time in Louisville divorce and post-decree modification custody cases. The Judge will usually evaluate the level of maturity and ability to reason in each child as well as their genuine relationship with each parent. Older, more mature children will usually be given serious consideration.
The Judge in your case will work to understand the reasons behind the child’s stated preference while considering all evidence regarding the best interests of the child.
Often the child’s perspective is actually based in a parent’s decisions or actions and how they affect an individuals ability to properly care for and supervise their child(ren). For example, drug or alcohol abuse or domestic violence issues raised by children will carry weight. The Court will consider the previous and ongoing relationship between the parent and their active participation in the child’s life prior to the divorce and after.
The presence of “incentives” such as more modern technology or gaming equipment or other superficial motives will be quickly identified and dismissed by the Court.
Does your child have a say in parenting time and custody in a Louisville divorce? Yes, but ultimately our Family Court’s are interested in the best interests of the child.
Do you have questions about child custody and parenting time or modifications to an existing decree? We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.