Parents who are separated or going through a divorce in Kentucky may have questions about how the court will determine custody. While determinations can vary depending on the state, judge and even the court itself, they tend to follow a predictable set of guidelines.
The first thing the court may look at when determining child custody is each parent's age and financial situation. For example, if a parent has custodial rights, they might not be able to afford a large home that gives the child the necessary space. A noncustodial parent who pays child support could have the same issue. However, the court will likely take financial obstacles into consideration when it comes to making a decision.
The court will also look at the ages and genders of all the children involved. Judges may not look favorably on a situation where a child has to share a bedroom with a sibling of the opposite sex, for example. They may also have concerns if one of the children is older and needs extra privacy and space. However, the court will take the child's ability to adjust into consideration. For example, if a child is used to a smaller living space, the court may not put as much emphasis on the child staying in a large home. Judges may also not be as concerned about the number of children if they are all used to sharing a space together.
An attorney with experience in child custody may be able to help prove that a parent's home is adequate for their children. Legal counsel could also show that a parent is dedicated to the best interests of the children, which may help sway the courts if they take issue with an aspect of the child's accommodations.