Child Custody

Child custody and visitation are often the most stressful and difficult areas of family law because of the depth of emotions parents feel for their children. Depending on the situation, custody negotiations may be straightforward, however, they are often a lengthy and drawn out process in high conflict cases. If you are considering separation, you owe it to your children to speak to an experienced family law attorney.

Child custody encompasses both legal and physical custody and is awarded as either sole or joint. Legal custody refers to the ability of a parent to make decisions regarding the child’s education, healthcare, religion, and other important major life decisions. Generally, parents share joint legal custody of the child even if the child lives with one parent most of the time. When the child resides primarily with one parent, the other parent generally enjoys liberal parenting time with the child.

Kentucky family courts adhere to Kentucky Revised Statue (KRS) 403.270 which provides the following factors to determine custody in accordance with the best interests of the child:

  • The wishes of the child’s parent or parents, and any de facto custodian, as to his custody
  • The wishes of the child as to his custodian
  • The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests
  • The child’s adjustment to his home, school, and community
  • The mental and physical health of all individuals involved
  • Information, records, and evidence of domestic violence
  • The extent to which the child has been care for, nurtured, and supported by any de facto custodian
  • The intent of the parent or parents in placing the child with a de facto custodian
  • The circumstances under which the child was placed or allowed to remain in custody of a de facto custodian

Kellner Green works to obtain custody arrangements and parenting schedules that are in the best interests of our clients and their children. We believe that the well-being of children is the most important aspect of any family court matter. We take pride in working closely with our clients to evaluate their position and suggest the appropriate course of action when it comes to their children. While attempts to negotiate and compromise in an amicable manner are the first step to any family court matter, we have both the legal knowledge and the experience to advocate on behalf of our clients through litigation if and when necessary.

If you are interested in learning more about what Kellner Green can do for you regarding your child custody case, contact us to set up a consultation.

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