Several Factors Dictate Both Legal and Physical Child Custody

There are several factors that the courts will take into consideration before deciding with whom a child will reside after a marriage dissolves. One of the first points is the age and needs of the child in question. If a child is a teenager, he or she may have significant say in where he or she will reside. The courts will also take into consideration the emotional bonds between the child and parents, and whether a change in living arrangements will be conducive to the child’s well-being.

Fathers do have certain rights, whether they are granted full or even shared custody. They are entitled to set up a visitation schedule that conforms to court orders as well as planning activities for their time with their children. A father is further assured of the right to file a petition for modifications if the other parent attempts to change the current orders or acts to prevent visitation. He is further granted equal say in how a child will be educated and raised as long as he has been granted equal legal custody.

In most cases, Kentucky judges will make every effort to ensure that both parents are granted child custody as equal as the circumstances allow. However, if there is any history of domestic violence or child abuse, then the courts must act to protect the best interest of the child. Parents who are struggling to adhere to current agreements or are finding it difficult to develop a parenting plan may choose to seek the input of an experienced family law attorney.

Should Children Have a Say in Child Custody Plans as They Age?

When children are younger, parents and the courts are likely in the best position to determine which living arrangements will best meet a child’s needs. Younger children will most likely feel secure if they are permitted to equal time with both parents. However, as children reach the adolescent years, they begin to develop their own identity and want more of a say in decisions that impact their lives.

In addition to wanting more independence, teenagers often become more active in both their extracurricular activities and social lives. Older children also bear more scholastic responsibility, all of which may make shuttling between homes more awkward and irritating for them. In spite of how parents may personally feel about their current custody arrangements, teenagers may need to be given more freedom to express their living preferences. Teens who are not permitted some say in their personal life may rebel and engage in various disruptive behaviors.

Those who allow children to choose which parent they prefer to spend more time with may reap the rewards of a closer relationship down the road. While it may not be safe in some situations to allow children to have a choice in child custody orders, in those families where it may be feasible, children may find a compromise that suits both parents. Kentucky residents who feel that their custody orders may need to be modified, or have other issues relating to family law, may seek the assistance of an experienced attorney.

New Technology Aims to Help With Child Custody and Co-Parenting

The new app, called the co-Parenter, purportedly offers a wide range of benefits that support parents in their efforts to co-parent more effectively. The app incorporates artificial intelligence, (AI), which is reportedly capable of drawing cues from the context of a message and can revamp communication between the parties in such a way as to defuse volatile situations that would normally end in the parents facing off in a courtroom. The app includes a variety of tools that can enable parents to keep all relevant information concerning their children in one location. It also includes a function that provides a location verification to facilitate custody exchanges.

The application incorporates calendars, expense reports, scheduling assistants and even has the ability to store legal documents. In addition, it gives parents access to legal assistance for those matters that require the input of professionals in order to reach the desired resolution. This mediation option can help parents resolve their difficulty in a manner that may help ease the stress and emotional strain that frequently accompanies courtroom appearances.

In the event that a parent chooses not to participate in the co-Parenter app, the other parent can still access most of the features in a “solo” parent mode. The developers of this technology stressed that they were seeking a way to help parents manage and ease the stress that comes with handling co-parenting in a manner that could most benefit children. Kentucky parents who are facing their own problems in resolving matters relating to child custody or similar issues may seek the guidance of an experienced family law attorney.

How Do Holidays Work For Children After Their Parents Divorce?

By its nature, a divorce between parents often involves feelings of anger, hurt and resentment. Parents who are caught up in these emotions may find themselves unable to entertain the thought of spending a holiday in the presence of their former partner. For children, though, the idea of being able to enjoy the presence of both parents may be their most ardent desire. According to research, the three factors that often determine how children fare after a divorce include parental alienation, parental tension and whether parents are nearby.

Families who are able to co-parent with the least amount of conflict and tension are most inclined to produce happy and well-adjusted adult children. There are some families who have reached a point where they are able to jointly celebrate special occasions with the inclusion of their current partner or spouse. While not every family will be able to achieve such blended harmony, being able to arrive at a workable solution for the sake of the children will bring its own rewards.

Parents who are able to place their own feelings aside may be the most successful at helping their children enjoy harmony and peace during the holidays. Children who are exposed to bitterness concerning the other parent in the years after a divorce may later struggle with anxiety and sadness because they may feel torn between their parents. Kentucky residents who desire to ensure that their children will be provided with the love and support they need may find the input of an experienced attorney beneficial when working on a parenting plan for their unique needs.

Proficiency of English Not Basis For Granting Child Custody Right

In this particular case, the mother had alleged that she was a victim of domestic abuse in the past. She believed that her ex-husband should not be granted any custody rights based on the potential threat he may pose to their young child. However, a court ruled that the father should be granted partial custody, as his ability to speak and understand English would be an asset for helping to raise their child.

An appellant court found that, while the father’s proficiency in English was inappropriately considered in this case, awarding the father partial custody would not be detrimental. Even though the court found that the man had engaged in abusive behavior in the past toward his wife, during the divorce trial, he was able to prove to the court’s satisfaction that the child would not be harmed by his involvement. Past abusive behavior does not always preclude a parent from at least partial custody rights.

There are several factors that are not permitted to be taken into consideration when ruling on child custody matters. Though a court was found to be in error in considering this father’s greater command of language to be an asset, it was not a basis for overturning the previous custody decision. Kentucky parents who are concerned about ensuring that their child’s well-being will be protected during custody negotiations may be best served by securing the assistance of a seasoned attorney.

Grandparents With Child Custody of Grandchildren Increasing

The idea of children being raised in homes headed by their grandparents is not a new phenomena, but it is becoming more prevalent. There are many reasons why a grandparent may have child custody, but recent figures estimate that approximately 3 million households consist of grandparents raising grandchildren. It is unclear how many of these families reside in Kentucky, but the challenges facing these elderly caregivers may be different than those facing other caregivers.

One of the leading factors leading to grandparents stepping in as caregivers is the opioid crisis and the alarming number of overdoses. Along with addictions, divorce, abuse and military deployment may result in these older relatives finding themselves raising the next generation. Though this situation can cross any social and economic levels, many of these households tend to be headed by lower income and minority individuals.

Studies have shown that these grandchildren may be more difficult to raise, as they tend to display more behavioral problems. They may also struggle with health and cognitive issues, especially if they experienced neglect or abuse. While these children may experience difficulties adjusting to their new circumstances, in spite of facing more health and mental illness problems, these grandparents appear to handle their responsibilities as well as adoptive or biological parents.

Research has shown that these older caregivers may lack as many support systems as other guardians, but they tend to take on these roles out of love and a desire to keep families intact. Even though grandchildren may display more volatile behaviors, grandparents appear able to handle these challenges with the same level of patience as biological parents. Overall, regardless of the difficulties, children reportedly fare better in a home headed by a grandparent than a foster parent. Kentucky residents who have questions regarding legal child custody of a grandchild or who have other issues regarding this area of family law may seek the guidance of an experienced attorney.