Divorce Kentucky Custody

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Divorce is mainly resulted in the case where two married spouses experience unavoidable differences between themselves. In order to get rid of daily disputes and arguments, eventually people decide to have separation and start leading an independent life. It is observed that people mostly handle this legal process emotionally if children are also involved during the legal proceedings. The child custody is one of the crucial part of this entire legal process. Most importantly, this process is conducted only on the basis of custody laws and rights of the state. Divorce custody in Kentucky also includes the settling of some critical issues associated with the child such as, child custody or child support matter. The crucial decision about the custody plan is finalized only after consideration of definite factors such as, child's personal preference, the primary care taker of the child before filing divorce, bonding of the child with each parent and likewise.

Factors taken into account by the court in Divorce Custody

The objective of the court is to protect the interests of the child while awarding child custody. The court offers equal consideration to the mother, the father as well as any de facto custodian. The factors pondered by the court in determining custody are as follows:

• The condition in which the child was permitted to reside with a de facto custodian. Some special cases are as follows:
  • Whether the child was placed with the de facto custodian due to the reason that the parent, who is presently requesting for custody, desired to attend school, work or employment?
  • Whether the parent, who is currently seeking custody, was in the past prohibited from doing so due to domestic violence?
• What was the intent of the father or the mother or both in the placement of the child with a de facto custodian?
• If the de facto custodian has played the role of the primary caretaker of the child in the family
• To what degree has the de facto custodian supported, nurtured and cared for the child?
• As defined in KRS 403.720, are there any proofs, records or information of domestic violence?
• The physical and mental health of all the individuals involved in the child custody case.
• The adjustment of the child in the community, school and residence.
• The interrelationship and interaction of the child with the following members of the family:
  • The siblings
  • The father and mother
  • Any other individual who might considerably impact the best interests of the child
• The desire of the child regarding who should be his or her custodian?
• The desires of the father and/or mother and/or any de facto custodian that answer the question "Who should be the custodian of the child?"

Temporary Divorce Custody Orders in Kentucky

• In any custody proceeding, a party can file a motion for a temporary custody order. As mentioned in KRS 403.350, this motion must be endorsed by an affidavit. Then, the court conducts a hearing. During this hearing, the court might award temporary custody, solely on the basis of affidavits.
• Let us assume that a proceeding for dissolution of marriage has been dismissed. Consequently, any temporary custody order is given up. An exception is that when a parent or custodian of the child moves that the divorce proceeding must be continued as a custody proceeding. Further, the court conducts a hearing. Now, if the court determines that the conditions of the parents and the best interests of the child make it essential that a custody decree must be granted, the court does so.
• Let us consider that a custody proceeding has begun when there is no petition for dissolution of marriage or legal separation. Then, the temporary custody order is vacated.
• Let us reflect on a situation that the court has been presented with convincing and clear proof that an individual is the de facto custodian. Then, as per Rule 19 of the Kentucky Rules of Civil Procedure, the court shall enjoin this individual in the divorce action, and name this individual as a party required for just adjudication

The divorce custody in Kentucky covers various legal formalities in prior of finalizing the custody plan for the divorcing parents. The temporary divorce custody orders and consideration of best interests of the child are some of the major legal actions taken during the process. However, most of the cases are granted with joint custody plan in order to maintain a healthy relationship of the child with both the divorcing parents.

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