Among the biggest questions in a Kentucky child custody case is which of the parents gets custody rights. The answer to this question depends on a great deal of aspects coming into play, but there are some basic standards as well as considerations when child custody is determined. However, the main main the court will take into account are the best interests of your child.
Child’s Primary Caretaker
A significant factor in choosing who gets custody of a child after a divorce is the determination of the primary caretaker. This is the parent that not just does most of childcare jobs, such as driving to school or cooking dishes, but additionally the one with the closest emotional bond. If the two parents are able to reach mutual agreement by themselves, then there is no need in courts involvement. Anyway, you should consult with a child custody lawyer to avoid any pitfalls and ensure your parent rights are not violated.
If your divorce is hard emotionally and psychologically and there is a dispute, going to court may be inevitable. In this case, Kentucky family court will take into account a number of factors to determine the primary caretaker. Specifically, the court will certainly need to know which parent deals with the following types of parenting tasks:
- Bathing, grooming
- Planning as well as cooking dishes
- Healthcare decisions
- Teaching basic skills, such as reading, as well as helping with homework
- Planning and also taking part in recreational activities
The Best Interests Of The Child
Whatever the decision of the court in a Kentucky custody hearing will be, its main purpose is to find an option that is in the child’s best interests. While this could appear unclear, it suggests that all custody choices need to be made with the objective of promoting the child’s joy, mental health and wellness, emotional development, and safety. To put it simply, a parent’s preference should not take priority over what is in fact best for the child. Children over a certain age (but still minors) could testify on behalf of themselves in Kentucky.
Courts will take into consideration the list of factor below when determining a child’s best interests in a Kentucky child custody case:
- Physical as well as psychological health and wellness of parents
- Any kind of special needs the child could have
- Stable house atmosphere
- Child’s very own wishes (if old enough to express them).
- Interactions and connections with other members of the family.
- Proof of drug or alcoholic abuse.
- Adjustment to the community
Custody in Non-Divorce Cases
Child custody cases are not always linked to divorce. Custody conflicts additionally can arise in between unmarried parents, or amongst close relatives. There likewise may be non-divorce cases entailing the visitation rights of grandparents.
As a basic guideline, many states require that the mother instantly be awarded full custody of her child if she is unmarried– unless the father makes an initiative to receive custody as well. But besides that, child custody in non-divorce situations is decided in a similar way as in divorce cases. In order for a grandparent or any other close relative to be awarded custody of a child, the majority of states have certain procedures. In Kentucky, the individual must file a non-parental custody petition, a copy of which should additionally go to the child’s parents.
Clagett & Barnett, PLLC are professional family lawyers helping parents in Elizabethtown, KY. With years of experience in navigating family law cases, we will use our vast knowledge to help you during this difficult time. We have worked hard to build a reputation with the courts in Elizabethtown and Hardin County.
Feel free to call us to set up a free consultation if you have any questions regarding your case.