Kentucky's family law landscape shifted significantly with the implementation of new legislation concerning child custody. While not a strict "50/50" law in the sense of mandating equal time, the changes heavily favor a presumption of shared parenting, significantly altering the approach to custody arrangements. This guide will delve into the specifics of the new law, addressing common questions and concerns.
What Exactly Changed in Kentucky's Custody Laws?
Kentucky's previous custody laws focused on the "best interest of the child," a broad standard that often led to varied outcomes. The new law codifies the principle of shared parenting, establishing a presumption that it's in the child's best interest unless compelling evidence proves otherwise. This presumption doesn't guarantee a precise 50/50 split but significantly increases the likelihood of parents sharing nearly equal parenting time. The court will still consider the child's best interest, but the burden of proof now rests on the party arguing against shared parenting to demonstrate why it's not suitable.
What Constitutes "Compelling Evidence" Against Shared Parenting?
The law doesn't define "compelling evidence" explicitly, leaving room for judicial interpretation based on individual cases. However, factors the court might consider include:
- Domestic violence or abuse: A history of domestic violence or child abuse is highly likely to outweigh the presumption of shared parenting.
- Substance abuse: Uncontrolled substance abuse by one parent poses a significant risk to the child's safety and well-being.
- Parental alienation: One parent actively trying to turn the child against the other parent.
- Mental health issues: Severe untreated mental health conditions that could negatively impact the parent's ability to care for the child.
- Geographical distance: Extreme distances between parental residences might make shared parenting impractical.
- Child's preference (age-appropriate): While not determinative, the child's wishes, particularly for older children, will be considered.
The court will carefully weigh these factors and any other relevant evidence presented to determine whether the presumption of shared parenting should be overcome.
How Does the New Law Affect Child Support?
The new law doesn't eliminate child support; instead, it alters the calculation. While the goal is shared parenting, it's unlikely to be precisely 50/50 in terms of time, leading to adjustments in child support obligations. The calculation will likely reflect the actual time each parent spends with the child. The court may order one parent to pay child support to the other, reflecting the disparity in parenting time and associated expenses.
Does the New Law Apply to All Cases?
The new law generally applies to custody orders issued after its effective date. However, existing orders can be modified if one party requests a change based on the new standards. The court will evaluate the situation and determine whether a modification is in the child's best interest, considering the new presumption of shared parenting.
What if Parents Can't Agree on a Parenting Plan?
If parents can't reach an agreement, the court will conduct a hearing and make a determination based on the evidence presented. Mediation is often encouraged to help parents reach a consensus, but it's not mandatory. The court aims for a solution that's in the child's best interest, considering the presumption of shared parenting and any compelling evidence to the contrary.
Where Can I Find More Information?
Consult a qualified family law attorney in Kentucky for personalized advice regarding your specific circumstances. While this guide provides general information, it's crucial to seek legal counsel for guidance on how the new law applies to your situation. The Kentucky Bar Association website may also provide resources and links to relevant statutes.
Disclaimer: This information is for educational purposes only and is not legal advice. Consult with a legal professional for guidance on your specific situation.
