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How to Change the Custodial Parent in Kentucky

When your wedding day was upon you, little thought was probably given to “What if my marriage doesn’t work?” Unfortunately that is a too frequent reality in society today. When a marriage is dissolving, one or both parties will likely visit an attorney to get advice. Your attorney will work with you throughout the proceedings. There are many decisions that you will have to make, many having to do with property and finances. There are also decisions that will be made by the court, if the parties are unable to agree, most importantly, who will be granted custody of any minor children.

In Kentucky the term Custody refers to legal decision making ability and authority, and is either joint (shared) or sole (individual). Parenting time and Custody are two separate issues.

How is Custody Determined

If a couple has a child, or children, those child(ren) are affected by a divorce and your attorney will provide guidance as custody is discussed. Ultimately, if the parties are unable to agree, it is the court who decides who has custody, or in other words, who will make major life decisions for the child(ren). In Kentucky, the court makes that decision based upon the “best interest” of the child(ren).
There are many factors that the court will consider when making the determination of “best interest”. Some of those factors include:

  • The wishes of both parents
  • The wishes of the child(ren)
  • The mental and physical health of all involved
  • The child’s current adjustment to his/her community, school,
  • Any evidence of domestic violence
  • Which parent has been providing care for the child
  • The interaction the child has with the parent or siblings

After you divorce is final. The parent who has been granted custody will be responsible for making any major life decisions that will affect the child(ren). If two parents share custody (joint custody), then they will make those decisions together. If they are unable to agree on a decision they will need to seek relief through the Court to determine what will happen. Most commonly custodial issues involve decisions about health, education, and religion.

Where to Turn In Kentucky

If you are involved in a changing custody situation you need to consult with a legal professional. Your source for assistance in Kentucky is Durrett & Kersting Law. Their attorneys have experience in many aspects of family law, including custody and visitation.



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