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A well-crafted custody agreement will strike an appropriate balance so that each parent continues to have a meaningful impact on the child's life. When the parties cannot agree, it is the Court's responsibility to find this balance, so long as both parties are appropriate care-givers. Otherwise, the Court will order parenting arrangements as it finds appropriate based upon the facts that are presented to the Court.
Types of Child Custody
The word "custody" is used interchangeably to denote two types of parental "rights":
- Legal Decision-making rights: This form of custody determines which parent(s) will be responsible for decisions regarding your child's lifestyle and daily care. One or both parents may have legal custody of the children. Some of the issues handled by the legal custodian include educational, medical and religious decisions.
- Physical parenting time: This form of custody details where the child will live. There are several types of arrangements:
- In some cases, one parent will have sole physical custody, while the other has visitation rights.
- Generally, joint custody is granted. In joint custody, the child will live with each parent for a portion of the time. When parenting time is exactly 50/50, this is a true joint custody circumstance.
- If the parties have joint custody, but one parent has more time than the other, one parent might be named the "primary residential parent", meaning that the children live with that parent most of the time, and enjoy parenting time with the other parent less than 50% of the time.
Many parents have old Court orders awarding them "shared parenting". This terminology was used regularly in Northern Kentucky to denote all of the joint custody circumstances described above; however, the Kentucky Supreme Court stated in 2008 that they prefer the terminology of joint custody and "time-sharing".
Factors Influencing Child Custody
The goal of every custody case is to accommodate the best interest of the child. When evaluating which parent will provide your child with the most nurturing and stable environment, the courts consider the following factors:
- The child's age, gender, and mental and physical health
- Each parent's mental and physical health
- Each parent's lifestyle
- Any history of child abuse
- The relationship between the child and each parent
- Each parent's ability to provide daily care
- The child's regular routine
- Each parent's ability to accommodate the child's educational needs
- The child's preference (generally considered when the child is over age 12)
- The ability and willingness of each parent to facilitate communication and contact between the child and the other parent
Greta Hoffman can Help
Greta Hoffman has been through the painful process of divorce. As a divorced mother, she understands the fears parents have in releasing their children to the "new person" or "the family you haven't met". Ms. Hoffman understands the anxiety you feel in wanting to protect your child, but feeling helpless because it seems your decision-making is being stripped away by the Courts and your "ex". Ms. Hoffman keeps your child's best interest at heart in every move she makes in your case, and discusses every decision in your case so that you are part of your child's future. When a custody issue gets bitter and emotional, it is easy to lose sight of the needs of your children. It is important to have an attorney like Ms. Hoffman who will help make sure your child's interests are protected.
Ms. Hoffman helps mothers, fathers, and grandparents with custody issues. She has handled custody cases involving:
- Child support
- Visitation schedules
- Fathers' rights
- Grandparents' rights
- Domestic violence and juvenile abuse
- Non-marital custody
- Custody litigation
Please contact Northern Kentucky child custody attorney Greta Hoffman, serving Boone, Campbell, Gallatin, Grant, and Kenton counties, today to schedule an appointment.
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