Your chances of gaining custody are increased by playing an active role in your children’s life and do not relinquish that time with your children. More often than not, one party will back away thinking that it will cause less conflict and that the children will be better off. Usually all that accomplishes is setting a pattern of any inactivity you may have in the children’s life.
Children, Support, and Property
Child custody is always modifiable. However, after the initial child custody determination, a party may only seek to modify within the first two years if the child’s physical, emotional, or mental well-being is at stake. After the two-year period, the court can modify custody if it is in the best interest of the child.
Possibly. In Kentucky, grandparents may file a petition to establish grandparent visitation. The court will then determine if it is in the best interest of the child to order such visitation.
No, a parent may not refuse visitation if child support is not being paid. Child support is not a payment that ensures that a parent gets to see the child. If a parent does not pay child support, they may be held in contempt of court, but likewise, if a parent refuses to allow the other parent to see the child, they may also be held in contempt of court.
It is possible that even though you share custody one parent may still have to pay child support. Child support is intended to make both households as equal as possible. So even if it is joint custody, if one parent makes significantly more income than the other, they may have to pay child support.
Joint custody is where two parents share joint decision-making for the child, usually for major life decisions. For the everyday decisions affecting the child, usually the parent who is in possession of the child makes those decisions, but when a major life decision affects the child, such as surgery, education or religion, parents who are joint custodians must agree on those decisions. Sole custody is where one parent is granted custody of the children and will be the sole decision maker for the children. They will decide where they live, what doctor to see, what school to attend, etc.
In Kentucky, the courts are required to determine custody based upon the best interest of the child(ren). Usually, parents will share joint custody of the children and if their schedules will allow, will share 50-50 parenting time with the children. However, depending upon various issues that may arise and other situations, this may not always be the case.