Kentucky Custody Laws for Unmarried Parents 2023 – Among the biggest questions in a Kentucky, child custody case is which of the parents gets custody rights.
The response to this question depends on a lot of aspects coming into play, but there are some basic standards as well as considerations when child custody is strong-minded.
Kentucky Custody Laws for Unmarried Parents 2023
Though, the main the court will take into account is the finest interests of your child.
If you want to know more about getting custody rights in Kentucky then read this article on “Kentucky Custody Laws for Unmarried Parents 2023” carefully.
Also Check: How is Child Support Calculated in KY
Child’s Primary Caretaker
An important factor in choosing who gets keep of a child after a divorce is the determination of the primary caretaker.
This is the parent that not just does most of the childcare jobs, such as driving to school or cooking dishes, but moreover the one with the contiguous emotional bond.
If the two parents are able to reach a joint agreement by themselves, then there is no need for court involvement. Anyhow, you should consult with a child custody lawyer to evade any pitfalls and ensure your parent’s rights are not violated.
If your divorce is hard expressively and psychologically and there is a dispute, going to court might be inevitable. Here, in this case, the Kentucky family court will take into account a number of factors to determine the primary caretaker.
Precisely, the court will surely need to know which parent deals with the following kinds of parenting tasks:
The Finest Interests of The Child
Whatever the result of the court in a Kentucky custody hearing will be, its chief purpose is to find an option that is in the child’s finest interests.
While this could appear unclear, it suggests that all custody choices need to be made with the objective of helping the child’s joy, mental health and wellness, emotional development, and safety.
Now, to put it simply, a parent’s preference should not take importance over what is in fact finest for the child. Children over a convinced age (but still minors) could testify on behalf of themselves in Kentucky.
Courts will take into deliberation the list of factors below when determining a child’s best interests in a Kentucky child custody case:
- Physical as well as psychological health and health of parents
- Any type of special needs the child could have
- Constant house atmosphere
- Child’s very own wishes (if old enough to express them).
- Interactions and networks with other members of the family.
- Proof of drug or liquor abuse.
- Alteration to the community
Custody in Non-Divorce Cases
Child custody cases are not continuously linked to divorce. Custody battles additionally can arise between unmarried parents, or among close relatives. There similarly might be non-divorce cases entailing the visitation rights of grandparents.
As a basic guideline, numerous states need that the mother instantly is awarded full custody of her child if she is unmarried– unless the father makes the creativity to receive custody as well.
But besides that, child custody in non-divorce situations is obvious in a similar way as in divorce cases. In order for a grandparent or any other close comparative to be awarded custody of a child, the majority of states have positive procedures. In Kentucky, the individual must file a non-parental custody petition, a copy of which should moreover go to the child’s parents.
Clagett & Barnett, PLLC are professional family lawyers serving parents in Elizabethtown, KY. With years of experience in navigating family law cases, we will use our massive knowledge to support you during this problematic time.
We have worked hard to build a reputation with the courts in Elizabethtown and Hardin County.
FAQs on Kentucky Custody Laws for Unmarried Parents 2023:
What is joint custody? What is sole custody?
Joint custody is where two maternities share joint decision-making for the child, typically for major life decisions.
For the everyday decisions affecting the child, typically, the parent who is in possession of the child makes those decisions, but when the main life choice affects the child, such as surgery, education, or religion, parents who are joint guardians must agree on those decisions.
Sole custody is where one parent is decided custody of the children and will be the sole decision-maker for the children. They will choose where they live, what doctor to see, what school to attend, etc.
If both parents share custody does anyone pay child support?
It is likely that even though you share custody one parent might still have to pay child support. Child support is planned to make both households equal as likely. So even if it is joint custody, if one parent makes meaningfully more income than the other, they might have to pay child support.
Can a parent refuse to permit visitation if child support is not paid?
Not at all, a parent might not refuse visitation if child support is not being paid. Child support is not a payment that safeguards that a parent gets to see the child. If a parent does not pay child support, they might be held in contempt of court, but similarly, if a parent refuses to permit the other parent to see the child, they may also be held in contempt of court.
When can my child choose which parent to live with?
There is no magic age at that a child gets to choose where they live. A child is a minor and the law presumes that a minor is not mature enough to make those kinds of decisions, regardless of how mature they may seem. The court might take the wishes of the child into consideration when making its determination, but eventually, the court will decide what is in the finest interest of the child.
Do grandparents have custody and visitation rights?
In Kentucky, grandparents might file a petition to establish grandparent visitation. The court will then regulate if it is in the best interest of the child to order such a visit.
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