Kentucky’s law on physical custody of children has changed. The Kentucky legislature has established a presumption of what is in your child’s best interests; the legislature says that it is presumed to be in your child’s best interests to spend 50% of their time with each parent.
A presumption can be problematic; not every family fits the same mold. There may be a special needs child; there may be children of very different ages (a teenager and an infant/toddler); there may be a child that struggles with change and is at risk of not succeeding in a constant rotating schedule; the parents may have an irregular work schedule that does not match a child’s school schedule; or, there may be geographic differences impacting a child’s commute to school. What is in your child’s best interests?
It will be in your minor child’s best interest to develop a parenting schedule that meets your child’s needs, that recognizes the ages of your children, and that maximizes how you and the other parent successfully raise and parent your child in a co-parenting relationship. It is even more important now, more than ever, to try to resolve parenting concerns outside of the courtroom.
It is important to have an attorney to provide you with the guidance and advice in developing a parenting schedule that works for your child. This may be a schedule that is an equal parenting schedule or it may be a different allocation of parenting time.
Even if the schedule is close to an equal parenting schedule, it should be one that models the needs of your child; the parent having the power to define the terms of the schedule, such as the days/hours, holidays, and vacations.