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Who will get custody of our child? 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.
Factors Judges Use to Determine if a Parent is UnfitThe safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.
To be considered a de facto custodian, the child must have resided with you for a period of at least six months (if the child is under the age of three) or for at least twelve months (if the child is over the age of three) and you must have served as the child's primary caregiver and financial supporter during that
The Kentucky Kinship Care Program provides $300 a month per child for kinship caregivers who take in children who have experienced abuse and neglect and placed by the Department for Community Based Services (DCBS).
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
When Will the Court Consider a Child's Preference? In Kentucky, judges will consider a child's preference only if the child is mature enough to participate in the litigation without harming the child. There are two reasons that courts don't question younger children about their custodial preference.
A de facto parent is a person who is the current or recent caretaker of a child and who has been found by the court to have assumed, on a day-to-day basis, the role of a parent to the child.
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
There is no particular age when a child's desire is honored as the deciding factor in determining which parent shall have custody. When making child custody decisions, Kentucky law states that the judge must do what is in the best interest of the child.
DE FACTO CUSTODIAN WHAT IS A DE FACTO CUSTODIAN? A de facto custodian is a grandparent or other caregiver other then a biological parent who has been the primary caregiver and financial supporter of a child for at least the minimum time required under the statute.