Custody laws in KY for unmarried parents

​​​​​Winner Law Group - "Louisville Family Law®"

Over one half of the children in the United States are born to parents who are not married. Most of the non-married custody and visitation cases follow the same laws and patterns of married custody cases. In general, a Court will assess what is in the minor child's best interest to determine custody and visitation/parenting time.

The parent who is not the primary parent will also likely be ordered to pay child support. However, recent changes in Kentucky law on custody and parenting time now require Courts, in most situations, to start with a presumption that the parents should have equal parenting time and joint custody. In most, but not every situation, if parents are awarded joint custody and equal parenting time, child support will be affected.

Contact an experienced custody attorney now to discuss your case. Please note that we charge a flat fee for the initial consultation.

Child Custody Laws in Kentucky for Unmarried Parents

In Kentucky, the Court presumes a child's biological father to be the person listed on the child’s birth certificate. In cases where the paternity of a child is in question; a paternity action and DNA test may be required. Once the true parentage of the child is confirmed, a normal custody, parenting time and support actions may proceed.

In Kentucky, child support is governed by KRS 403.211, KRS 403.212 and KRS 403.213. In many situations, the Courts will rely upon the Kentucky Child Support Guidelines to determine the proper amount of child support. In other cases, under the right circumstances, such as when the parties’ combined gross monthly income exceeds the upper most levels of the child support chart, the Attorneys at Winner Law Group, LLC will request that the Court deviate from the guidelines because children will need additional support. The attorneys at the firm provide the skilled guidance in child custody and visitation for unmarried parents in Louisville and throughout Jefferson and Oldham counties of Kentucky.

To learn more about child custody for unmarried parents and how you can protect your parental rights, contactthe Louisville family lawyers at the Winner Law Group, LLCto discuss your concerns. Please note that we charge a flat fee for the initial consultation.

Under the current law in Ohio and Kentucky, the biological mother of a minor child born outside of wedlock is the default legal custodian. Biological unmarried fathers have no initial rights to custody or parenting time, but merely the ability to pursue such rights. Once the father files an action for an allocation of parental rights and responsibilities, the court will not give legal preference to either parent in its determination of what is in the best interests of the child.

Paternity actions primarily involve custody and child support. They may be brought by a father who wishes to have parental rights, by a mother who wishes to establish paternity for support issues, or by a father who wishes to determine paternity.

Our family law attorneys assist parents with each of these legal issues. We welcome you to contact RKPT for a consultation.

Child’s Primary Caretaker

A significant factor in choosing who gets custody of a child after a divorce is the determination of the primary caretaker. This is the parent that not just does most of childcare jobs, such as driving to school or cooking dishes, but additionally the one with the closest emotional bond. If the two parents are able to reach mutual agreement by themselves, then there is no need in courts involvement. Anyway, you should consult with a child custody lawyer to avoid any pitfalls and ensure your parent rights are not violated.
If your divorce is hard emotionally and psychologically and there is a dispute, going to court may be inevitable. In this case, Kentucky family court will take into account a number of factors to determine the primary caretaker. Specifically, the court will certainly need to know which parent deals with the following types of parenting tasks:

• Bathing, grooming
• Planning as well as cooking dishes
• Healthcare decisions
• Teaching basic skills, such as reading, as well as helping with homework
• Planning and also taking part in recreational activities

The Best Interests Of The Child

Whatever the decision of the court in a Kentucky custody hearing will be, its main purpose is to find an option that is in the child’s best interests. While this could appear unclear, it suggests that all custody choices need to be made with the objective of promoting the child’s joy, mental health and wellness, emotional development, and safety. To put it simply, a parent’s preference should not take priority over what is in fact best for the child. Children over a certain age (but still minors) could testify on behalf of themselves in Kentucky.
Courts will take into consideration the list of factor below when determining a child’s best interests in a Kentucky child custody case:

• Physical as well as psychological health and wellness of parents
• Any kind of special needs the child could have
• Stable house atmosphere
• Child’s very own wishes (if old enough to express them).
• Interactions and connections with other members of the family.
• Proof of drug or alcoholic abuse.
• Adjustment to the community

Custody in Non-Divorce Cases

Child custody cases are not always linked to divorce. Custody conflicts additionally can arise in between unmarried parents, or amongst close relatives. There likewise may be non-divorce cases entailing the visitation rights of grandparents.
As a basic guideline, many states require that the mother instantly be awarded full custody of her child if she is unmarried– unless the father makes an initiative to receive custody as well. But besides that, child custody in non-divorce situations is decided in a similar way as in divorce cases. In order for a grandparent or any other close relative to be awarded custody of a child, the majority of states have certain procedures. In Kentucky, the individual must file a non-parental custody petition, a copy of which should additionally go to the child’s parents.
Clagett & Barnett, PLLC are professional family lawyers helping parents in Elizabethtown, KY. With years of experience in navigating family law cases, we will use our vast knowledge to help you during this difficult time. We have worked hard to build a reputation with the courts in Elizabethtown and Hardin County.

Feel free to call us to set up a free consultation if you have any questions regarding your case.

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