Need help with your child custody issue?

Northern Kentucky Child Custody Attorney

Custody issues can be a major source of conflict in a divorce. It is important to know your rights regarding child custody and to understand the options available to you.

At Smith Law, we understand how important it is to have your child’s best interest taken into consideration during the divorce process. Our firm has helped many families in Kentucky resolve their child custody issues.

How Is Child Custody Determined?

In deciding how to allocate child custody, the court will take into consideration the best interests of the child.

Below are some factors that the court will take into consideration:

Stability of the environment
The child’s preference, if old enough to make a decision
The parents’ ability to provide for the child’s needs
The child’s relationship with both parents
Any history of domestic violence
The mental and physical health of both parents
And more

Types of Custody

Kentucky courts can grant various types of child custody. If you’re facing divorce, understanding these options is crucial.

There are four types of custody:

Physical custody refers to where the child lives.
Legal custody refers to the decision-making power regarding the child’s welfare. This includes things like where the child should go to school, what religion they practice, and who the child should be allowed to visit.
Sole custody is when one parent holds the authority to make decisions for the child independently.
Joint custody is when both parents collaborate on decisions, even if one is the primary residential parent.

What If My Ex and I Were Never Married? Who Gets Custody?

When two parents separate who were never married in the first place, most states will award physical custody to the mother unless the father takes action to also receive custody. Typically, unmarried fathers have a harder time gaining custody of a child over a mother who is a good parent, but he will take priority over other relatives and foster care. In the end, it is likely that the father will be granted visitation rights.

Determining Custody & Visitation Without The Court

The two of you are allowed to figure out a system that works best outside of the court. You can do this during an informal negotiation (typically with attorney assistance) or through a mediation meeting. Typically, the court will have to finalize the agreement, but that step is more so a formality than an attempt to change your original agreement.

Can Someone Other Than the Parent Obtain Custody of a Child?

Sometimes, people other than the parents can get custody. This includes grandparents, aunts, uncles, family friends, and so on. Some places will refer to this situation as “guardianship” of a child, while others will consider this arrangement to be a “non-parental” or “third-party” custody.

Do Grandparents Have a Legal Right to Visit Their Grandchildren?

Grandparents can absolutely enforce their legal right to visit their grandchildren if that right is being interfered with by one or both of the child’s parents. All 50 states have some sort of law that allows grandparents to visit their grandchildren, but gaining custody of them will be a little bit harder.

Contact Our Child Custody Attorneys in Northern Kentucky

Our Northern KY family law firm can help you go over all of your options and determine the best course of action for your unique situation. We pride ourselves on providing our clients with a high level of service and strive to build lasting relationships with our clients. We are committed to helping you resolve your case as efficiently as possible.

To get started on resolving your child custody issue, contact Smith Law for your initial consultation. We can be reached by phone at 859-667-1204 or via our online form.