Custody & Parenting Time.
Custody has to do with the decision-making power that parents have over their child’s education, medical care, religious training, or other areas of life that impact the child’s upbringing. Kentucky has a presumption that each parent is entitled to joint custody of minor children unless there is evidence to overcome that presumption.
Ideally, parents are expected to consult with one another on the decisions that govern a child’s upbringing, keeping the best interests of that child in mind. Sometimes factors interfere with joint decision-making, such as one parent’s inability to make sound decisions due to a mental health disorder or substance abuse issues.
In cases where it is proven that one of the parents is incapable of making sound decisions the court may award sole custody to the other parent.
Parenting Time
Parenting time is considered separately from custody and is the amount of time children spend with each parent. Kentucky law has a presumption that the children are entitled to spend an equal amount of time with each of their parents unless there is evidence to overcome that presumption. Each family’s situation is unique. Parents should also consider a yearly holiday
schedule that accounts for which parent the children will spend the major holidays with, often rotating odd and even years. The Family Court Rules of Practice and Procedure provide a default parenting time and holiday schedule should parents be unable to reach an agreement on a schedule that is practical for the family.