Navigating Child Custody in Kentucky

Attorney to Help with Child Custody Laws in Bowling Green

One of the most frequently contested subjects in family law, separation, and divorce cases is the matter of child custody. Even the most civil, uncontested divorces can turn complex and ugly if two spouses cannot come to an agreement about who will care for the child.

When you contact our firm, we can help you navigate through the complexities and get you the help that only a Louisville child custody attorney can.

Our Bowling Green attorney has over 30 years of experience and is prepared to represent you in even the most complicated child custody case. If you choose to hire our firm, we work hard on your behalf to resolve your case in the fairest, most efficient manner possible.

We are aware of all the various issues which can be brought up in a child custody case and ready to help provide an appropriate solution. Take a look at our case results and see what our other clients are saying.

Securing the Best Possible Outcome with Child Custody Laws

A phrase you will hear very often in a child support case is “best interests of the child.” This is the deciding factor for the courts when determining which parent will have sole or primary custody of a child.

You need to disclose as much as possible with your attorney during this time, to ensure that there aren’t any aspects of your life that might go against “the best interests of the child” and prevent you from obtaining custody.

At the Law Office of Pamela C. Bratcher, our goal is to work with you to achieve a positive outcome, whether that means being awarded custody of your child, or obtaining a satisfactory visitation schedule. Whether you are in the midst of a divorce or legal separation, we are here to provide you with the personalized, compassionate advocacy you need.

Many different factors are considered when a decision is made for child custody, such as:

• Each parent’s ability to provide financially for the child
• Each parent’s earning capability and current income
• Each parent’s relationship with the child or children

There are a number of reasons why our clients come to us, including that we have practiced at the trial level, appeal level, and in state and federal courts. We have earned a reputation throughout the years for our excellence and have been granted membership into many associations, such as the Kentucky Bar Association, the American Bar Association, and the Bowling Green County Bar Association.

Kentucky Custody Arrangements

What are the different custody arrangements? In Kentucky, two main types of custody arrangements exist joint and sole custody.

The type of custody arrangement best for a particular child depends on the case’s circumstances. The court will consider several factors, including the child’s age, the parent’s wishes, and the parent’s ability to cooperate. Learn more about different types of arrangements and custody laws in KY here.

At What Age Can A Child Decide Which Parent To Live With?

If the child is a minor, the court will presume that he or she is not mature enough to make that kind of decision. While a judge may consider the child’s wishes, the ruling will be based on what is in their best interests.

Generally, a court will allow a child to testify by the age of 12. As the child gets older, the more weight their wishes may hold. The court is looking for mature and logical reasoning behind their living preferences.

What criteria define an unfit parent in Kentucky?

It is not uncommon for divorcing parents to disagree on custody issues. However, if one parent suspects that the other is not fit to carry out their role as provider and guardian, then the court may evaluate the following factors to help make a custody decision:

• Age-Appropriate Limits: Has the parent set limits to what the child may watch on television? Have they set a curfew? These are questions that must be asked to determine this factor.
• The Needs of the Child: The court will analyze how receptive the parent is towards the needs of the child(ren). They will also view how well the parent communicates with his or her child(ren).
• Abuse & Neglect: Has the parent shown a history of child abuse or child neglect?
• Substance Abuse: Has the parent suffered from substance or alcohol abuse problems?
• Mental Illness: Does the parent suffer from a mental illness that inhibits them from carrying out their role?

Emergency Custody in Kentucky

In some cases, you may need to act quickly to protect your child. Emergency custody can be granted when a child is in immediate danger due to abuse, neglect, or a hazardous living environment. These orders are temporary and can be filed ex parte (without the other parent’s presence), but will require a full hearing shortly after.

If you believe your child is at risk, it is essential to speak with a Bowling Green child custody attorney immediately. Our firm understands the urgency of these matters and will act swiftly to protect your child’s safety and well-being.

Relocation and Custody Modifications

Life changes; sometimes, a parent may need or want to move out of the area. In Kentucky, a parent who shares custody cannot relocate with the child without either the other parent’s permission or a court order.

The court will review several factors before approving or denying relocation, including:

• The reason for the move,
• The impact on the child’s relationship with the non-moving parent,
• Educational and emotional benefits of the move, and
• The feasibility of maintaining visitation.

If relocation becomes an issue, a child custody lawyer can help you file the appropriate petitions and present your case clearly before the court.

Custody for Non-Parents and Grandparents

While parents are generally prioritized in custody matters, there are situations where non-parents, such as grandparents or other close relatives, may seek custody or visitation. Kentucky law allows third parties to petition for custody if they can prove it is in the child’s best interests and that the biological parent is unfit or has waived their rights.

Similarly, grandparent visitation may be awarded if it is shown to be in the child’s best interest and does not interfere with the parent-child relationship. These cases are complex, and it is important to work with a Bowling Green child custody attorney with experience in family court petitions involving third parties.

Co-Parenting After Divorce

Even after custody is settled, the real work of co-parenting begins. Courts in Kentucky prefer arrangements that encourage both parents to stay involved in their child’s life, unless there’s evidence that doing so would be harmful.

Some practical co-parenting tips include:

• Consistent communication about school, medical care, and activities;
• Flexibility when life events disrupt visitation schedules;
• Respect for boundaries and avoiding negative talk about the other parent; and
• Using parenting apps to manage calendars and expenses.

When co-parenting breaks down or violations occur, your attorney can help you revisit the agreement or file a motion to enforce or modify it.

Can Custody Change in Kentucky?

Custody modification is possible under Kentucky law. Either parent can file to ask the court for a hearing to modify custody orders. The court will determine what is in the best interest of the child based on several factors such as: the relationship between the parent and child, substance abuse issues, and/or any type of abuse in the home.

It is most difficult to modify custody orders within the first 2 years. This type of situation is oftentimes very difficult and delicate. It is best to seek expert guidance from a very experienced lawyer. If you still have questions regarding custody, contact our office today.

Frequently Asked Questions About Child Custody In Kentucky

Child custody questions are among the most common and emotionally charged issues our clients face. The following FAQs can help you understand what to expect when working with a Bowling Green child custody attorney.

Can a Father Get Full Custody in Kentucky?

Yes. Kentucky law does not favor mothers over fathers. If a father can show that granting him full custody serves the child’s best interests, the court may award him sole custody.

Is Joint Custody Always Preferred in Kentucky?

Kentucky law now presumes that joint custody and equal parenting time are in the best interest of the child. However, this presumption can be rebutted if there’s evidence that one parent is unfit, unwilling to co-parent, or poses a risk to the child.

How Long Does a Custody Case Take?

The timeline varies depending on whether the case is contested or uncontested. If both parents agree on terms, the process may take only a few months. If the matter goes to trial, it can take much longer, especially if evaluations or expert testimony are needed.

What Happens If a Parent Violates the Custody Order?

If a parent violates a court-ordered custody agreement, the other parent can file a motion for enforcement. Judges can issue remedies such as make-up time and fines or even modify the existing order if there’s a pattern of noncompliance.

Can Teenagers Choose Which Parent To Live With?

Not exactly. Kentucky courts may consider the wishes of older children, especially those 12 and older, but those preferences are not binding. The judge will still base the final decision on the child’s best interests, including emotional and physical well-being.

Why Experience Matters in Child Custody Cases

When emotions run high, it’s easy for even the most cooperative parents to find themselves in conflict. Whether you’re seeking primary custody, negotiating a parenting plan, or trying to protect your child from harm, it helps to have a skilled child custody lawyer who can advocate clearly and effectively on your behalf.

At the Law Office of Pamela C. Bratcher, we bring over 30 years of courtroom experience and a deep understanding of Kentucky family law. We’ve handled cases at every court level and know how to adapt our strategies to best meet your needs. Contact us today to schedule a consultation with a Bowling Green child custody lawyer who will fight for your family’s future.