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Child Custody in Louisville, KY

The term "custody" is often confused with parenting time and visitation schedules. "Custody" is a legal term that refers to the ability of a parent or parents to make decisions regarding their child's upbringing, including medical, educational, and religious decisions. "Joint custody" describes a situation in which both parents have input regarding major decisions related to the child's upbringing. "Sole custody" refers to a situation where one parent has the exclusive decision making ability. While there is a presumption of joint custody, the Courts can grant sole custody to one parent based on the circumstances. When making a determination of custody the Courts look at a variety of factors, including the fitness of each parent, the contact each parent has had with the child, and the parents' ability to co- parent. The ultimate determination of custody is made in accordance with the child's best interest.


How can I get custody of my child?

If you are seeking information regarding spending time with your child, please refer to our visitation and child support page.
If you have never been to Court regarding your child, and you are not living with the child's other parent you will need to establish paternity of the child regardless of what the birth certificate says, either through a DNA test or an acknowledgement of paternity. Once paternity has been established you can petition the Court for legal rights, visitation time and child support. If you need assistance with the custody of your child, contact our office today.


Can I change custody? If your child's other parent currently has sole custody you can file a motion with the Court asking for joint custody. When considering filing such a motion a range of facts must be considered, including if there has been a significant change in circumstances and how much time has passed since the original
determination of custody. Because of the complex nature of custody modifications, it is important to speak with an experienced family lawyer about your case. Contact us today.
If you currently have joint custody with your child's other parent, you may be able to get sole custody, depending on the circumstances and the amount of time that has passed since the last determination of custody. Contact an experienced family law attorney at Durrett & Kersting to discuss your case and your options.


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