Will the Court split up the kids in your Louisville divorce? Child custody and visitation is often one of the most contentious issues in a Louisville divorce case. The primary concern of our Courts in any child custody or visitation matter is “the best interests of the child(ren).” The Court is concerned with protecting these interests which usually includes maintaining the existing rhythms of each child’s life to reduce the impact of the divorce and help them to make the transition afterward.
There is an extensive body of research and case law regarding the nature of and importance of the bonds between siblings. It is rarely in the children’s best interests for the Court to impose or approve a proposed custody and visitation plan which separates siblings. However, there are a few rare situations where the Court may agree it is in each child’s best interests to split up the kids in your Louisville divorce.
When could it possible be in the best interest of the children for custody of siblings to be separated between their two parents? One example is when a diagnosed condition or emotional challenge results in the risk of physical and/or emotional harm to a sibling through bullying or abusive behavior. Another possible scenario involves an extremely toxic relationship between a child and parent and the Court is seriously concerned about protecting a sibling’s relationship with that parent.
There are serious legal and ethical issues in these cases and it is extremely rare that the Court would even consider a decision to split up the kids in your Louisville divorce. The support, society and companionship of siblings is almost always in each child’s best interests.
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.
