On behalf of Musselwhite, Meinhart & Staples posted in blog on Sunday, December 3, 2017.
Previously under Kentucky law, children were often put in situations where parents were fighting over who would get the most time with the child in temporary custody agreements. Now Kentucky has moved toward a sharing parenting model when it comes to setting child custody arrangements.
The Kentucky legislature unanimously passed House Bill 492 earlier this year, which Governor Matt Bevin signed into law and went into effect on July 1. The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order.
It also creates a temporary joint custody and equal parenting time presumption, as long as each parent files an affidavit requesting his or her portion. The presumption is not dependent upon the parents agreeing on a parenting schedule to go into effect, but it does factor in whether or not equal parenting time would create a likelihood of abuse or neglect.
Among those who testified in favor of the law were Dr. Ryan Schroeder, chair of the University of Louisville Sociology department, and Matt Hale, Kentucky executive committee chair the National Parents Organization. Their testimony was meant to demonstrate how it is in the child’s best interest to have as close to equal time with both parents as possible, particularly early in the divorce process.
Legally, you have the right to equal time with your child in Kentucky, even if you and your soon-to-be ex-spouse do not agree on what that should look like. If you need help establishing an equal time schedule or making your equal time arrangement permanent after the divorce, talk to a family law attorney who can work with you through all the options.