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What is Standard Visitation in Kentucky?

Kentucky does not recognize "standard visitation" guidelines. I am often amazed by the number of clients, mostly mothers, who refer to standard visitation and like to tell their attorney how they just want primary custody with the father having standard visitation. Family court rules have adopted a Model Time-Sharing/Visitation Guideline.  This guideline accounts for: (1.) The time-sharing/visitation schedule set by the court for holidays, school breaks and summer break should control over regularly scheduled time-sharing/visitation time, even if this allows successive time-sharing/visitation periods. I have been practicing domestic law for over 19 years and have kept abreast of all changes to the law as well as to the Family Court rules and models.  NEVER have I seen, except in some rural counties (i.e. Grant County) a standard schedule.  Many parents say that standard is every other weekend and one night each week.  I would agree this is a traditional standard schedule, however it is no longer a standard.  Pursuant to the new Model, (6.) The parent exercising time-sharing/visitation should be given a minimum of every other weekend as the time-sharing/visitation time with the child(ren) and one midweek overnight time-sharing/visitation. . . . KRS 403.270 provides, in pertinent part: The court shall determine custody in accordance with the best interests of the child and equal consideration shall be given to each parent and to any de facto custodian.  (You may check out my prior blog which defines "de facto custodian.")  The point of this article is to realize that there is no law that gives preference to either parent.  Even under the standard schedule in Grant County, the Court must determine who is the residential parent prior to determining whether the standard schedule is appropriate. If you have questions about custody, divorce, parenting time and schedules, contact your attorney.  For a consultation with an attorney in Northern Kentucky, call Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

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