Generally speaking, a child's custodial parent is the one he or she lives with most of the time. However, Kentucky parents shouldn't assume that this is always the case. A court may require a parent to actually file for custody in family court even if the other parent isn't supporting the child financially or in other ways. This can be done either with an attorney or by filing pro se without one.
When Kentucky parents of young children divorce, they may need to create a parenting agreement. In such a document, parents put into writing their agreements on a number of topics including a visitation schedule, where the child will go to school, who will be responsible for the child's medical care, who the child will spend which holidays with and any other concerns the parents have.
In most cases, Kentucky parents and others who have been divorced should receive shared physical custody of their children. This is because it is often in the best interest of the child to do so. An exception may be made in the event that a parent is abusive or otherwise puts the child in danger. However, shared parenting may not be as prevalent as it should be because of myths that have been propagated over the years.
When a couple with children decides to obtain a divorce, one of the most common questions they will have concerns custody of the children. In Kentucky, there are two types of custody that will be decided: physical custody and legal custody.
When Kentucky parents get divorced, they will still likely be required to maintain some sort of relationship while they continue to raise the children. However, effectively raising the children can be difficult when both parents decide to have a different set of house rules. This can be hard for the kids because they may become confused or never know what is expected of them.
Some divorced Kentucky parents of young children may have the challenge of dealing with a difficult former spouse. If the conflict is largely one that is between the two parents and does not involve issues such as addiction or abuse, there may be ways of reducing the conflict. Often, the conflict may be largely due to the turmoil of divorce and may work itself out over time. The first step is to keep the focus primarily on the well-being of the child.
A Kentucky law promoting shared parenting that went into effect earlier in 2017 could increase gender equality and family happiness. Nationwide, family courts have in the past skewed their physical custody decisions overwhelmingly toward mothers. The effects of this have kept women dependent on child support payments, limited their career opportunities because of constant child care duties and separated fathers from their children.
A parent of a child in Kentucky who was taken out of the country by the other parent needs to seek help from the U.S. Department of State. When a parent violates the custodial rights of the other parent by removing the child from the country, federal law has been broken. Statutes label the crime as international parental kidnapping, and a conviction could lead to a three-year prison sentence.
Kentucky parents who are undocumented immigrants and who fear that they risk being deported may be interested in learning that adults in similar situations are using custody arrangements to keep their kids safe should the worst come to pass. For families whose children were born in the U.S. and thus have a right to be here even though their parents don't, preparing custody transfer paperwork is emerging as a potentially viable means of long-term protection.
Kentucky parents who are separated or divorced might struggle when it comes to negotiating a parenting plan that all parties are comfortable with. Even in the most amicable divorces, custody might be a sensitive issue that can extend the process and make it more expensive. One plan that might address all these concerns is shared parenting.