This is an advertisement

Bouldin Law Firm
Get The Help You Need: 859-581-6453 (MIKE)
View Our Legal Services

Child Custody Archives

Is Equal Parenting Mandatory in Kentucky?

No.  Under the new Kentucky law, KRS 403.340, joint custody and equal parenting time is essentially a default.  Pursuant to statute, it is rebuttable, by a preponderance of evidence.  This is a artful legal term that can mean different things to different judges.

New Year Resolution

If your New Year's Resolution included speaking to an attorney, only you can startt the process by making the call.  You can email me at [email protected] or call the office and schedule with my paralegal, Emily.  Email [email protected] or call 859-581-6453 (581-MIKE).

Holiday Custody

If you are arguing with your ex about custody over Christmas, first idea is to refer to your Decree or Parenting Plan.  The holidays are generally included as a default if the parents cannot otherwise agree. If you do not yet have a holiday schedule or parenting agreement, it is a good idea to try to come with an agreement.  Remember, BE REASONABLE.  Family court judges generally disfavor a party that they deem to be unreasonable.  If you refuse any parenting time over Christmas, you might expect that your ex will have that schedule next Christmas

Can I Get Custody?

Legal Custody must be determined by a court in Kentucky. The family courts retain jurisdiction over custody, whether born during a marriage or outside of marriage.  Unlike Ohio, where juvenile court has different rules for unwed parents, both wed and unwed parents in Kentucky can petition for custody in a similar fashion. KRS 403.270 outlines the custodial interests for both wed and unwed parents. If the parents are unable to agree on custody and parenting, the Courts will make the determination.  The determination is based on the best interest of the minor child.  Those are outlined in 403.270, but are set forth follows: (a) The wishes of the child's parent or parents, and any de facto custodian, as to his custody; (b) The wishes of the child as to his custodian; (c) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests; (d) The child's adjustment to his home, school, and community; (e) The mental and physical health of all individuals involved; (f) Information, records, and evidence of domestic violence as defined in KRS 403.720; (g) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian; (h) The intent of the parent or parents in placing the child with a de facto custodian; and (i) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. If you have questions, concerns or need to speak to or retain an attorney, call Michael Bouldin at Bouldin Law Firm.  Having practiced family and custody law for 22 years, you will get the answers.  Remember, don't just look for the answers you want, look for the right answers. For a consultation, email [email protected] or call 859-581-6453 (581-MIKE) to schedule.

Joint Legal Custody & Shared Time

New parental rights bill finally approved. See FULL TEXT. This gives a presumption of equal parenting rights and time in TEMPORARY orders. Question: Does it apply to permanent custody and timesharing? What about parents who have provided majority of custody? While the law spells out that there is a rebuttable presumption, it does not say what is necessary to rebut that presumption. The law states the burden of proof on the party opposing, but not the standard of what is necessary to rebut. For legal advice, contact an attorney. For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected]

What Are My Rights To Custody?

A father's rights are typically the same as the mother... at some point. However: Father's rights vary state to state. In Ohio, an unwed father has no rights and the mother is considered the custodial parent until a court orders otherwise. In general, Ohio mothers have superior rights to the fathers. In Kentucky, father's have limited rights until paternity is established. Once paternity is established, father's rights are the same as the mother's rights. In Kentucky if the child is born during marriage, the parents have equal rights.. Father's rights vary whether you were married at the time the child was born or if the parents were unmarried. If the parties were unmarried, the father's rights are often limited. Once paternity is established, father can be granted certain rights by law and others by a court. If the case is in Ohio, parental rights of unwed parents are established by the Juvenile Court. Married parties have their rights established by the Common Pleas Court in domestic relations division. Kentucky uses "Family Courts" for all cases, however unwed parents typically start and may remain in juvenile court while married parties have their case heard in Circuit Court. Father's rights often vary if you were named on the birth certificate or not. If you were on the birth certificate, you may have rights prior to a court order of paternity. Signing the birth certificate establishes some rights and acknowledges paternity. If the parties live in separate states, rights may vary. Many parents are concerned about moving across state lines. If an action is brought in one state, the other may If you have questions about custody rights, you need to speak to an attorney who regularly practices in the area of family law. Most often you will have to file for custody, but may also have to file even for visitation and/or paternity. For a consultation in Kentucky or Ohio, call Michael Bouldin at 859-581-6453 or email [email protected]

A Law Firm Serving Northern Kentucky And Southwestern Ohio

Get Started Contact us Now »

Contact Us To Discuss Your Legal Matter Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy