Kentucky Child Custody

Posted by admin on April 27th, 2006

Kentucky law regarding child custody is pretty simple. The decision handed down from the judge will be based upon the best interests of the children. In the best interest of the children in Kentucky includes the children’s physical, mental, moral and spiritual well being.

In Kentucky, no preference will be made to which parent should receive custody based on the sex of the parent. Either parent can be awarded custody. There are certain factors that are carefully examined when it comes to the custody of the children during a divorce. These factors include:

* The stability of each parent and anyone living in their homes.

* The wishes of each parent as to who they wish would have custody.

* Who the children wish to live with and care for them.

* The mental and physical health of both parents.

* Who has been the primary care taker of the children.

* How well adjusted the children are with their home environment, their community and their school.

* Evidence of domestic violence toward either the children or the spouse, even if the children were not present during the violence.

In the state of Kentucky, joint custody is not the preferred custody. The law would rather have the children in one stable environment instead of the children moving back from one parent to the other. Stability and adjustment is the most important factor in the state of Kentucky to keep custody of your children. More than most states, Kentucky awards custody to the mother, since she is usually the main caretaker of the children and this is the more stable environment and is where the children feel more comfortable.

Visitation rights and child support will also be awarded by the court. The visitation rights for the non-custodial parent will be during reasonable times and will not interfere with the well being of the child either physically or emotionally.

Child support is decided by a certain set of guidelines KRS 403.211 and the guidelines table will show exactly how much support should be paid. These guidelines are to be met unless extraordinary situations occur and then and only then will the court make decisions based on these circumstances.

No matter what the circumstances may be of either parent, the over all best interest of the children will be accounted for when it comes to deciding which parent should receive custody of their minor children.

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