Joint custody in Kentucky is a legal arrangement that allows parents to share responsibility for their child’s care and upbringing. Kentucky courts divide responsibility into two parts: the time a child spends with each parent and the authority to make major decisions about the child’s life. Parents with joint custody share one or both of these responsibilities.
The Law Office of Pamela C. Bratcher provides practical guidance and compassionate support to families navigating custody matters. Pamela brings over 30 years of experience in trial, appellate, and federal courts, handling every case herself. We offer free initial consultations to help families understand their options and make informed choices.
How Does Joint Custody in KY Work?
Child custody refers to the rights and responsibilities that each parent has regarding their child. Kentucky divides custody into two categories that shape how parents share authority and daily care: legal and physical custody.
Legal Custody – Decisionmaking Authority
Having legal custody means parents have the authority to make major decisions about:
- Physical and mental health care,
- Schooling,
- Religious involvement, and
- Extracurricular activities.
When parents share legal custody, they have to work together on these issues.
Physical Custody – Parenting Time
Physical custody determines where the child resides and the amount of parenting time each parent has. Parenting time is defined by a detailed schedule that outlines when the child stays with each parent.
Joint Custody in Kentucky
Joint custody can involve several types of arrangements where the parents share one or both forms of custody. For instance, parents can share legal custody even if only one parent has physical custody, or they can share physical custody even if one parent has legal custody. Alternatively, parents can share both legal and physical custody, though the child may or may not spend an equal amount of time with each parent.
What Are Some KY Joint Custody Guidelines?
Understanding KY joint custody guidelines begins with understanding how Kentucky courts make decisions about child custody. Kentucky law requires courts to make custody decisions based on the child’s best interests. The law also declares that courts should assume, absent contrary evidence, that parents having joint custody is best for most children.
Best Interests of the Child
Courts consider several factors when evaluating what is in the child’s best interests, including:
- Each parent’s ability to communicate, cooperate, and resolve disagreements;
- Each parent’s involvement in the child’s schooling, medical care, and daily routines;
- The child’s relationships with each parent, family members, and the community;
- The child’s adjustment to home, school, and neighborhood;
- Any history of domestic violence, threats, substance abuse, or unsafe behavior; and
- Each parent’s ability to provide stability and meet the child’s physical and emotional needs.
Courts prefer joint custody but may order sole custody when evidence indicates sharing custody would place the child at risk. Examples include ongoing domestic violence, patterns of intimidation or control, severe communication issues, or safety concerns related to substance abuse.
Practical Considerations
Practical considerations often come into play when it comes to child custody and parenting time, such as:
- Travel distances between homes, schools, and activities;
- Parents’ proximity to one another;
- Access to transportation, including each parent’s ability to handle pickups, drop-offs, and schedule changes;
- The child’s age and daily needs; and
- Availability of support resources, such as childcare, nearby family members, or after-school programs.
These practical considerations help determine whether equal parenting time is truly the best arrangement for the child.
How to File for Joint Custody in KY
The process of establishing a child custody arrangement typically involves:
- Preparing legal documents outlining the custody arrangement you want;
- Filing the documents with the correct Kentucky family court, usually in the county where the child has lived for the last six months;
- Serving the other parent with the filed documents;
- Participating in mediation or settlement meetings;
- Gathering evidence such as school records, medical records, calendars, or messages that show involvement in the child’s life; and
- If you do not settle, appearing in court hearings, where the judge reviews the evidence and applies the best-interests standard before issuing a custody order.
Parents who file for joint custody rarely have to attend mediation, settlement meetings, or court hearings. The parents typically file documents requesting joint custody, and the court approves them unless there is evidence that strongly suggests a risk to the child, such as the parent having certain criminal convictions.
Speak with a Kentucky Custody Lawyer
Understanding joint custody in Kentucky helps parents make informed decisions about their child’s future. If you need guidance on joint custody, parenting time, or decision-making, the Law Office of Pamela C. Bratcher is here to help.
Pamela draws on more than 30 years of courtroom experience and provides every client with direct, compassionate guidance. Contact us today for a complimentary initial consultation and discover how we can assist you.