Divorce & Joint Custody Laws in Kentucky
Divorce can be emotionally difficult, especially when children are involved. The state of Kentucky has very clear divorce requirements for couples. The laws surrounding custody issues, however, can be more ambiguous as they strive to maintain the child's best interest in each situation. Communication between parents will play a pivotal role in ensuring a positive, healthy, emotional outlook for the child. Consult a lawyer for specific questions regarding divorce and child custody.
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Divorce Requirements
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In order to obtain a divorce in Kentucky, a couple must meet specific requirements, including being legal Kentucky residents and filing for divorce in the county of residence. Also, there must be a separation period of sixty days or more, and the wife cannot be pregnant, even if her husband is not the biological father of the child she is carrying. The couple must wait until after the birth of the child before a divorce can be granted.
Custodial Issues
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The Kentucky courts determine custody based on the best interests of the child. This is determined through interviews with the parent or parents, legal custodian (if one exists), child and siblings. According to the Kentucky statutes, equal consideration is given to each parent and any custodian when making custody decisions. Other considerations include the relationship the child has to the parent, the adjustment a child must make to a home, school or community and the health of each individual involved in this process. If the child has been placed in the care of a legal custodian, the circumstances of the placement will also be reviewed.
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Joint Custody Primary Residence
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The first type of joint custody names one parent as having the primary residence where the child lives. In this arrangement, both parents share in the decision-making aspects of the child's life, such as religion, health and education decisions. This type of custody does not imply shared daily decisions such as meal or clothing choices, nor does it allow for equal amounts of time spent with each parent.
Fifty-Fifty Custody
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The second type of joint custody allows each parent an equal, or nearly equal, amount of time with the child. In this case, a decision is made as to how that will happen, such as one week with one parent and the alternate week with the other or three and one-half days per week with each parent. This type of custody arrangement may not be advisable if there is a history of domestic violence or if parenting rules are distinctly different in each household.
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References
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