Child Custody Lawyer Louisville
I always tell clients that there are two (2) things that can happen in Court that are truly terrifying: 1) you can lose your liberty on a criminal charge or 2) your can lose your children in a child custody case. Louisville Family Court hears Child Custody cases in ten (10) Family Divisions of Circuit Court. The Child Custody questions come up in numerous ways.
First, Louisville Family Court must address child custody when parents are divorcing, but unable to agree about the best interest of their child or children. The Judge must decide child custody in the best interest of the child or children.
Second, the same is true in Louisville Family Court when unmarried parents cannot agree as to Child Custody. Louisville Family Court will, again, apply the best interest standard.
Third, when Louisville Family Court is presented with a domestic violence charge, Child Custody may be decided. This is particularly true where the children are exposed to the domestic violence.
Fourth, if the Cabinet for Health and Family Services alleges that a child is dependent, abused or neglected, then Child Custody becomes an issue. In those cases, the ultimate goal is to restore Child Custody by the end of the case where possible.
There are two types of child custody: sole and joint. Louisville Family Court must first consider that you can continue to raise your child or children together, which is joint custody. Joint custody means that you will continue to cooperate to make all care and control decisions (i.e. health, education, religious upbringing, welfare, and all other important and unimportant decisions you make for your children).
If Louisville Family Court does not believe that joint custody will work, then the Judge may then consider a joint custody arrangement in which one party is the primary decision maker. Typically, your Judge will call the primary decision maker a residential or primary custodian. The residential or primary custodian may unilaterally decide care and control issues if, after first consulting with the other party, no joint decision may be reached.
Finally, if Louisville Family Court does not believe that any joint custody arrangement will work, the Court will assign one party sole custody of the children. Sole custody means that one party makes all of the decisions without consultation regarding the care and control of the child or children.
When determining the best interest of your child or children, Louisville Family Court has a list of factors to review. Family Court may consider the wishes of the children; the wishes of each parent; the mental, physical, emotional, and moral well-being of each of the parties; the adjustment of the children to each parties’ home, school, community, and extended family; the relationship that each child has with each parent; the relationship that each child has with the extended members of the parties’ families; and the existence of domestic violence.
What does your Child Custody Lawyer need? First, your testimony. For almost every other issue in a Louisville Divorce, documents are the star witnesses (i.e. tax returns, deeds, balance statements, etc.). You are the best spokesperson for the best interest of your children. You and your lawyer need to be able to tell that tale through your testimony.
Second, your Louisville Child Custody Attorney needs a good medical history for the children and for you. Have the children been seen by a therapist? If so, that therapist may have valuable information.
Third, your Child Custody Attorney will need a good education history. How have the children done in school and who has been responsible for their progress?
Fourth, your Louisville Child Custody Lawyer will need you to preserve any and all communication between you and the other parent, whether in writing, text, email, Facebook post or other means. How you communicate about your children is a very important issue for Louisville Family Court.
Finally, your Louisville Child Custody Attorney will want as much information as possible about the other parent. It is important to inform Louisville Family Court as much as possible. Information about both parents is helpful.
In addition, your Louisville Child Custody Lawyer may want you and your family to work with an expert or experts. Mental health professionals are capable of providing information to Louisville Family Court without bias or favoritism.
The controlling statute is KRS 403.270. If you have more questions about Child Custody in Louisville, I would be happy to talk. Also, please feel free to learn more at my website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer if you are not ready to talk. Thanks for reading.