A poster on AVVO just asked about the law on Kentucky Child Visitation. Specifically, he asked about expanding his parenting schedule with his children. Currently he has every other weekend with the children and no holiday or vacation schedule. Here was my answer:
“Without knowing more, that is a hard question to answer. The general rules are that a parenting schedule is set consistent with the best interest of the children and with the goal of maximizing each parent’s available parenting time.
When someone comes in to my office with a parenting schedule (or visitation) issue, I want to know 1) the work schedule for each parent, 2) the school schedule for each child, 3) the extracurriculars for each child, 3) what is the custody Order or Agreement between the parents, and 4) whether there is a history of domestic violence or criminal convictions. Also, I want to know who lives in each parent’s current household.
Assuming you both live in or near each other then the holiday and vacation schedule would not be difficult to establish. The Court is likely to either rotate or split the holidays.
Whether you get more time is a difficult question. It would depend on your availability for the children (i.e. what is your work schedule and the children’s schedules) and your ability to make the additional time as seemless as possible.”
The statute in question is KRS 403.320. The Kentucky Rules of Family Court Practice and Procedure also have a proposed Timesharing/Visitation Guideline.
If your family is going through a change, please feel free to give me a call. Also, please feel free to learn more at jrlloydlaw.com or thelouisvilledivorceattorney.com or thelouisvilledivorcelawyer.com if you are not ready to talk. Thanks for reading.