Child Custody Mediation in Kentucky

Wooden figurines of family with child and judge's gavel

In the case of separation between partners who have built a family, a central issue is the child custody dispute. Child custody disputes in Kentucky can be a very expensive and emotionally draining process. 

In Kentucky, people are generally encouraged to reach an agreement regarding child custody through mediation before relying on a judge to make that decision. The purpose of this article is to inform you on what mediation in this case looks like, what you can expect, and how to best prepare for the process as a parent. 

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Kentucky Child Custody Law: An Overview

In Kentucky, the emphasis is placed on the best interest of the child. The arrangements made are meant to support the child’s physical and emotional health and their safety. In 2018, a legislative change took place – as a result, the state now presumes that joint custody and equal parenting time is what best supports the child’s best interest, provided there is no evidence to the contrary. 

In most cases, Kentucky courts will encourage parents to try mediation before a trial for child custody, as that supports a healthy cooperative process. The only case in which that is not advised is when there is a history of domestic violence or abuse – mediation is deemed inappropriate then. 

What Is Child Custody Mediation?

Mediation in general refers to the involvement of someone unbiased to achieve the optimal result in a dispute. Child custody mediation in Kentucky requires a trained, neutral third party who helps parents create a parenting plan. 

It’s important to remember that the mediator doesn’t make decisions – that is within the parents’ control. A mediator is there to give advice, acting as a bridge between both parents. 

Mediation sessions are typically conducted in confidentiality, and are more informal than court proceedings. When parents come to a decision through mediation, they can submit that to the court. The court will then decide whether to approve, and to make that decision part of the custody order. 

What Are the Benefits of Mediation?

Child custody mediation in Kentucky has a number of benefits, which makes it a common tool for parents wishing to reach a parenting plan post-separation. Some of these benefits are: 

  • Lower conflict: Mediation reduces tension and encourages cooperation rather than a legal battle. 
  • Cost- and time-efficient: A trial is a much longer, much more expensive process than mediation. 
  • Flexibility: Parents can decide on a parenting plan which best suits their child’s needs and/or preferences. 
  • Better future in co-parenting: Mediation lays the foundation for cooperation in any future decisions regarding the child. 

How To Prepare for Mediation

Here is a quick checklist to prepare you for child custody mediation in Kentucky: 

  • Gather information about your child’s schedules, activities, and school commitments, alongside both parents’ availability. 
  • Consider what the long-term goals are in a co-parenting situation, such as holidays, decision-making responsibilities, and transportation. 
  • Reach out to a family law attorney who can identify rights and look over any agreements before they are finalized. 

Above all else, remember to keep the child’s best interest in mind. Remaining child-focused should be the priority of both parents. 

father holds the hand of a small child

When is Child Custody Mediation Not Appropriate? 

As mentioned above, in some instances, courts will not encourage parents to attempt mediation in a child custody case. Those instances are: 

  • Any abuse allegations, or domestic violence. 
  • Power imbalance between parents. 
  • If one parent refuses to cooperate or participate in good faith. 

If any of the above are present, courts have the right to waive mediation and to proceed straight to a custody hearing. 

The Role of an Attorney for Child Custody Mediation in Kentucky

Working with an attorney when arranging child custody in Kentucky is an integral part of the process. An experienced family lawyer can guide parents through preparation, make sure that all agreements are legally sound, and present finalized plans to the judge. Once a mediated agreement is approved, it becomes an enforceable court order – which is why having expert legal guidance is incredibly important in dealing with this sensitive matter. 

At Hoffman Walker & Knauf, we specialize in family law and are dedicated to achieving the best results for our clients. Offering a breadth of experience in child custody cases, we provide parents with constructive ways to settle issues, whilst keeping the child’s welfare front and center. 

Contact us today and let us guide you through your child custody case. We take your legal situation very seriously, and act with sincerity, honesty, and perseverance. Trust that at Hoffman Walker & Knauf, you are in good legal hands.