The term "custody" is often confused with parenting time and visitation schedules. "Custody" is a legal term that refers to the ability of a parent or parents to make decisions regarding their child's upbringing, including medical, educational, and religious decisions.
Legal custody can be joint custody or sole custody. "Joint custody" describes a situation in which both parents have input regarding major decisions related to the child's upbringing. "Sole custody" refers to a situation where one parent has the exclusive decision making ability.
While there is a presumption of joint custody, the Courts can grant sole custody to one parent based on the circumstances. When making a determination of custody the Courts look at a variety of factors, including the fitness of each parent, the contact each parent has had with the child, and the parents' ability to co- parent. The ultimate determination of custody is made in accordance with the child's best interest. Navigating the custody process can be very stressful and confusing without the guidance of an experienced attorney on your side. Our attorneys have the experience helping our clients through the family courts of Kentuckiana that you need.
If you are seeking information regarding spending time with your child, please refer to our visitation and child support page.
If custody has not previously been legally established, you will need to file a Petition with the Court to establish legal custody.
In seeking a custody modification, the primary factor that the Court considers is the best interest of the child. When considering such a motion, the Court considers several factors including (but not limited to): whether there has been a significant change in circumstances since the previous determination was made; how much time has passed since the original determination of custody; the mental health of the parents and child; the child's bond with each parent; any substance abuse issues; and the parents' ability to co-parent with each other. Because of the complex nature of custody modifications, it is important to speak with an experienced family lawyer about your case. Contact an experienced family law attorney at Durrett & Kersting to discuss your case and your options.
At Durrett & Kersting, PLLC, Attorneys at Law, we help Kentucky and Indiana families and individuals make wise legal decisions in all aspects of their lives.
Our attorneys and staff have more than 35 years of combined legal experience which allows us to confidently explain all aspects of your case to you, including the pros and cons and potential outcomes. We show you genuine compassion while we rigorously work to resolve your issues and concerns.
Areas of Practice: Family Law, Divorce, Custody, CPS Cases, Spousal Support, Personal Injury Law, Criminal Law, Gay & Lesbian Family Law, same-sex family law, Truck Accident, Motor Vehicle Accidents, and Legal Separation Law
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