Northern Kentucky Child Custody Guide

Gavel and little wooden figures of husband, wife and child

Handling a child custody case in Northern Kentucky can be daunting, particularly when emotions run high and your future with your child appears uncertain. Whether you’re going through a divorce, facing a custody dispute, or seeking to modify an existing arrangement, it is important to understand how custody decisions are made and what to expect throughout the process.

At Hoffman Walker & Knauf, we’ve helped countless parents across Northern Kentucky protect their rights and find custody solutions prioritizing their child’s well-being. This guide outlines key information on custody types, legal criteria, and actionable steps parents can take to proceed with clarity and confidence.

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A Basic Overview of Custody in Kentucky

In Kentucky, custody arrangements for children can be categorized into two types: legal custody, which grants parents the authority to make significant decisions about their child’s upbringing, such as in education, healthcare, and religion, and physical custody, which relates to the child’s living situation and the distribution of time spent with each parent.

Legal custody may be awarded to one parent (sole custody) or shared between both (joint custody). Similarly, physical custody can be structured in either form, influencing the child’s daily routine and each parent’s responsibilities. Kentucky courts generally prefer joint custody and equal parenting time unless evidence shows that such an arrangement is not in the child’s best interests.

The “Best Interests of the Child” Standard

Kentucky courts must prioritize the child’s well-being in all child custody cases. This means that judges will consider a variety of factors when making a decision, including:

  • The child’s relationship with each parent
  • The wishes of the parents and the child (if the child is mature enough)
  • The child’s adjustment to their community, home, and school
  • Each parent’s mental and physical health
  • Any history of domestic violence or abuse
  • The ability of each parent to cooperate and encourage a positive relationship with the other parent

Creating a Parenting Plan

In most custody cases, parents are encouraged to develop a parenting plan—a written agreement that outlines how custody and parenting time will be shared. A strong parenting plan typically includes the following:

  • A weekly schedule for parenting time
  • Holiday and vacation arrangements
  • How decisions about the child will be made
  • Guidelines for communication between parents

If parents cannot come to an agreement, the court will have to step in and provide a custody order based on the evidence submitted.

Temporary Custody Orders in Kentucky

Happy little daughter high fives her mother

Before a final custody decision is reached, the court may issue a temporary custody order to establish where the child will live and how parenting time will be divided while the case is ongoing. These orders are meant to provide stability for the child and can cover various issues, including visitation schedules, child support, and parental responsibilities.

Temporary orders are based on limited evidence and circumstances at the time of filing, but they can influence the final custody arrangement if they prove to be successful and in the child’s best interests. As a result, parents should take these orders seriously. 

Can a Custody Order Be Modified?

Under Kentucky law, a parent can request a custody modification if a significant change in circumstances has occurred and if modifying the custody order is in the child’s best interest. This applies after the initial two years of the custody order unless the child’s physical, emotional, or mental health is at risk.

Common reasons for modification include a parent relocating, changes in the child’s needs, or one parent consistently failing to follow the current order.

Contact Our Family Law Attorneys Today To Learn More

If you’re dealing with a child custody issue in Northern Kentucky, reach out to Hoffman Walker & Knauf today for a confidential consultation. Our experienced family law attorneys are here to help you understand your rights, create a strategy, and advocate for the best outcome for your family.