Blankenship Massey & Associates, Attorneys at Law
Call Us Today For A Free Consultation 859-905-0936
View Practice Areas

What do Kentucky courts consider in child custody disputes?

When parents get divorced, perhaps the most important thing to figure out is what to do about the children. Most parents want what is best for their kids, and so does Kentucky law.

Like virtually every other state, Kentucky law requires family law courts to act in the best interests of the child. This means putting a child’s emotional and physical safety and development over his or her parents’ desires, if there is a conflict between those two motivations.

Just what is in the “best interests” of a particular child or set of siblings depends on their individual needs and circumstances. Like much of the law, figuring this out is often more of an art than a science. Among the factors state law suggests judges consider are:

  • The wishes of the parents.
  • The parents’ ability to parent appropriately.
  • Depending on his or her age, the child’s wishes.
  • Whether the child would struggle to adjust to a new home, neighborhood and/or school.

In some cases, domestic violence is a factor. Obviously, no court would knowingly put a child in harm’s way, though supervised visitation may be an option.

In the past, Kentucky moms tended to automatically receive sole custody of their young children, due to the “tender years” doctrine. Today, courts theoretically are not supposed to prefer one gender over the other.

If the parents or the court determine that it is in the children’s best interests that one parent receive sole custody, then the other parent will probably receive visitation rights. In some cases, it is also possible for grandparents to be granted visitation time by the court.

No Comments

Leave a comment
Comment Information

Learn Your Legal Options Before You Make A Decision

For a free consultation, please call 859-905-0936 or fill out the form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today

Contact Blankenship Massey & Associates

Erlanger Office Location
504 Erlanger Road
Erlanger, KY 41018

Toll Free: 800-491-9956
Phone: 859-905-0936
Fax: 859-426-9001
Erlanger Law Office Map

Dry Ridge Office Location
20 South Main
Dry Ridge, KY 41035

Toll Free: 800-491-9956
Phone: 859-905-0936
Dry Ridge Law Office Map

map
BBB Accredited business A+