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.”
Visitation can’t be taken away from a parent except by a court after a hearing. Typically it is only suspended if the court finds, that visitation would seriously endanger the child’s physical, mental, moral or emotional health or safety. Modification or denial of time-sharing is determined based on the best interest of the child, but a court can’t totally restrict visits for a parent unless the judge finds that it would seriously hurt the child to spend time with the parent.
If you have questions about child custody or visitation in Kentucky, you should contact an experienced family law attorney with Hurst & Hurst Law to discuss your options at (859) 209-2101.
My grandson lives in Marion County (Kentucky) with his father. My daughter has joint custody of him and also lives in Marion County Kentucky but the father refuses to let us bring him to Texas where all of my daughters family resides for 2 weeks out of his summer vacation. My duaghter is current with her child support payments also. Do grandparents have any rights in Kentucky? If not with standard joint visitation does she have the right to bring him for a visit with a certified letter being sent to the father 90 days before the 2 week visitiation starts?
Grandparents rights do exist in Kentucky. They have to be established by Court to be enforceable. With regards to your daughter, the answer depends on what her time-sharing rights are. Custody allows a person to be involved in the legal decision making regarding a child, so it would cover whether a child could leave the State. Time-sharing is the actual time each parent or custodian spends with the child. If two valid custodians disagree on an issue then the Court acts as a tie break on that issue. If you have specific questions, please feel free to call and set up an appointment.
I have temporary custody of my two nephews. I would like to know if FaceTime is classified as visitation in the state of Kentucky?
In most cases in Kentucky any contact by someone who does not have has specific orders for contact or visitation is up to the discretion of the custodian of the child. However, if you have temporary custody of a child, and the Department for Health and Family Services (DCBS), also known as Child Protective Services (CPS) may be involved, they may have retained the decision making on who may have contact with the child and how often.