Although divorces and separations can be difficult for the parties involved to get through, it is important that throughout the entire process, especially when determining child custody, that you consider the best interest of your child first and foremost. And when a couple simply cannot come to an agreement on how they want to split their time with their children, the courts will give equal consideration to both parents while using the circumstances below to determine what the best interest of the child is.
- The desires of the child’s parent or parents, and any de facto custodian, concerning the child’s custody.
- The desires of the child.
- The interaction and interrelationship of the child with his/her parent or parents, his/her siblings, and any other person who may significantly affect the child’s best interests.
- How the child would adjustment to his/her home, school, and community. Sometimes one parent might live much farther away from the other and this can impact who the child gets to spend more time with.
- The mental and physical health of the individuals involved.
- Information, records, and evidence proving domestic violence.
- The extent to which the child has been cared 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 the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.”
[Source: Kentucky Legislature].
The courts will also take into account the following circumstances:
- If a parent is diagnosed with a mental illness or intellectual disability by a qualified mental health professional, which renders them unable to care for the immediate and ongoing needs of the child.
- If acts of abuse or neglect have been witnessed toward any child.
- The parent engages in alcohol or other drug abuse that results in the incapacity of the parent or caretaker to provide essential care and protection for the child.
- A finding of domestic violence and abuse, regardless of whether the act was committed in front of the child.
- Whether the parent committed a crime which results in the death of permanent physical or mental disability of a member of that parent’s family or household.
- The existence of guardianship or conservatorship of the parent pursuant to a determination of disability or partial disability.
[Source: Kentucky Legislature].
If you are in the middle of a child custody dispute or you wish to have your custody agreement modified, let USAttorneys.com connect you with a qualified child custody attorney in Louisville, KY who can assist you.
If you are a parent who is currently struggling with obtaining full custody of your child or you feel you aren’t being awarded adequate time with your kids, you can always hire a Louisville, KY child custody attorney who can help get the custody order modified.
USAttorneys.com can connect you with a local Louisville, KY child custody lawyer now who can explain the legal rights you have as well as the process you may need to go through so that your child can be placed in a safer home should you feel their safety might be compromised or if you simply wish to be awarded more custody of them.