Joint Custody Now Default In KY

New Joint Custody, Equal Time-sharing Law Becoming Effective

On July 1, 2018, the default for separating families will be joint custody and equal parenting time or time-sharing in Kentucky. Kentucky lawmakers unanimously approved the new law. The default in Kentucky now, is that both parents have an equal say in legal, educational and medical decisions for their child(ren). And that each parent should spend as close to 50/50, equal time-sharing with the child(ren) as possible. The presumption can be overcome is the situation is such that joint custody and equal time-sharing would not serve the best interest of the child(ren).  Continue reading

Child Tax Exemptions In KY

Child Tax Exemptions For Divorced Families In Kentucky

An issue that most don’t consider as part of a divorce is child tax exemption. That is until April comes around. Divorces addresses child custody, time-sharing, and child support. But what about who gets the right to claim a child as a dependent for tax purposes?

That issue has been addressed by the Kentucky Supreme Court in the case of Adams-Smyrichinsky v. Smyrichinsky. The Kentucky Supreme Court addressed the authority of Kentucky trial courts to award tax exemptions. Continue reading

What To Do With Social Media If Involved In A Case

What Should I Do If I Have Social Media Accounts And A Legal Case In Kentucky?

It is best to assume that all of your social media accounts will be reviewed as a result of your case.  Posts on social are not confidential and can come into all types of legal actions, including family law (like divorce or custody actions), criminal defense, and personal injury (like auto accidents and wrongful death) cases.   Therefore, recommend you complete the following steps so your case isn’t negatively affected by social media and/or the internet: Continue reading

Non-Parent Custody In KY

Non-Parent Legal Rights To Children In Kentucky

Non-parent custody issues often arise where a parent has proven unfit to care for a child, and a non-parent must step in to provide care for the child.

To gain legal custody rights, a non-parent must show that the parent is unfit, which is often difficult to do. The non-parent must prove one of the following: that the parent is unsuitable and harmful to the child; has signed an agreement to surrender custody; OR that the parent is otherwise unqualified to claim custody. Continue reading

Visitation in KY

What Is Visitation In Kentucky?

Visitation or time-sharing refers to the time a parent spends with the child. Generally all parents are entitled to reasonable time with their kids. This is because all parents have a constitutional right to care for and control their children.

Usually a judge defines what amount of time-sharing is reasonable by setting out a schedule, which rotates the child back and forth between the parents. This schedule will generally take into account how far apart the parents live and the child’s school schedule as well as other factors. Some parties decide to come up with their own arrangements, which they present to the court as a “parenting plan.” Continue reading

Can Social Media Hurt My Case?

Can Social Media Posts Hurt My Case In Kentucky?

The answer is very simply, yes. Social media posts can negatively affect basically all times of litigation, including personal injury cases, like auto accidents or wrongful death claims; criminal defense cases; and family law cases, like divorce or custody disputes.

The information you post online is not confidential or protected.  That information can be used in your case against you OR by another person suing you.  As time progresses it becomes more likely that information WILL be used against you.

As more people use social media, such as Facebook and Twitter, legal opponents often review your accounts for evidence to use against you in your case. Or to support their own case. If you think about it, it makes sense. Today people disclose tons of personal and even intimate information online. And that information can be used against you in your case. If you know you have a legal dispute ongoing, the best advice is to stop posting anything on social media until your lawyer tells you otherwise.  Also make sure your privacy setting are on the highest possible setting.  Continue reading

Custody In Kentucky

What Is Custody In Kentucky Mean?

Understanding what child custody means in Kentucky can be difficult. Custody in Kentucky is used to mean a variety of things in Kentucky Courts, and can refer several different types of “custody.”

Physical Custody

Physical custody in Kentucky only means that parent has the physical care and control of the child on a daily basis. This would include daily, hands-on care, like feeding and bath of the child. And can include the responsibility of making sure the child attends school, arrives on time and prepared. Continue reading

EPO v. DVO In KY

Emergency Protection Order (EPO) v. Domestic Violence Order (DVO) In Kentucky

In Kentucky, victims of domestic violence have two means by which to protect themselves from reoccurring violence—an Emergency Protective Order (EPO) and a Domestic Violence Order (DVO).

 What Qualifies As Domestic Violence And Abuse In Kentucky?

Kentucky Revised Statute 403.720(1) defines“domestic violence and abuse” as physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, Continue reading

Alimony In Kentucky, AKA Maintenance

Maintenance Awards In Kentucky, Or Alimony If You Prefer

Under family law in the state of Kentucky payments to a former spouse for living expenses are no longer called alimony, they are called maintenance.  Whether it can be awarded in Kentucky is governed by Kentucky Revised Statute 403.200.  The statute requires you to prove two things to the Court in order to receive support from your former spouse.

1. You lack sufficient property to provide for your reasonable needs; and

2. Are unable to support yourself through appropriate employment or are the custodian of a child who requires care that makes it inappropriate for you to work outside the home. Continue reading