Family law covers a very broad range of legal disciplines, including marriage, divorce, child custody, adoption, and other matters.
The care and nurturing of each parent for the child. Kentucky follows the belief that fathers have just as much rights to be legal custodians of their children as do mothers. Abortion laws are also included in FindLaw's family law section, since they impact reproductive health clinics, although family law attorneys seldom get involved in abortion cases. General overview of Kentucky statutes pertaining to adoption and foster parenting, such as the requirements for adoptive parents, home residency, the age at which a child must consent, and more. Copyright © 2020, Thomson Reuters. Internet Explorer 11 is no longer supported. The next step is to decide if you need additional help. But even common legal matters can become complex and stressful. LawInfo’s Kentucky Family Law section includes legal overviews, summaries of state laws and other resources to help you make the right decisions for you and your family. Allen M. Dodd. We recommend using There are several factors that a court must consider when making a custody decision, including: If one parent isn’t granted custody over the child, they may earn visitation rights. Marriage is a civil contract into which both parties must enter willingly and with consent. If either applicant is 16 or 17 years of age, they will need to either furnish written parental consent or have their parents provide signed consent at the time of the application. As you can imagine, these types of cases can have a significant effect on a person’s emotional and financial well-being. Visit our professional site ». The good news is that we can connect you for free to a local Kentucky family law professional that can help you further. Louisville, KY Family Law Lawyer with 21 years of experience.
Kentucky is no different than other states in that you must be a resident of the State of Kentucky to be divorced in Kentucky. Equitable division of property is not the same as equal division of property. Kentucky’s definition is similar to other states in that marital property is essentially property that was acquired after the date of marriage and before the date of entry of the divorce judgment.
Kentucky allows for two different forms of custody: physical custody and legal custody.
Our team of skilled attorneys and professionals have helped thousands of customers secure their rights and we can do the same for you. If either applicant is under 16 years old, they will need to furnish a written court order allowing the marriage. Kentucky divorce cases are governed by statute (law), specifically Kentucky Revised Statute 403.140.
Both parties are required to apply for a marriage license in-person at a Kentucky County Clerk’s office prior to their marriage ceremony. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation. Kentucky Family Laws Family law covers a very broad range of legal disciplines, including marriage, divorce, child custody, adoption, and other matters. For decades, most states followed what was known as the “tender years doctrine.” This meant that it was virtually impossible to convince a court that a child, especially under the age of 4, should be with the father over the mother. Details about Kentucky laws with respect to child abuse, which is prosecuted as a crime but also involves certain family law-related rules and procedures, such as mandatory reporting requirements. If you need help navigating the complex laws governing your case, a Kentucky family law attorney can help and treat your case with the sensitivity it deserves. In many cases it may be a 50/50 split of property, but it also may be weighted very differently as well. This is not an easy task, and is one that is well-suited for a Kentucky family law attorney. (502) 584-1108. There are two-main differences in how states across America divide property: 1. Keep in mind that if you fall behind on child support payments, you may be facing serious civil and even criminal penalties in Kentucky. The interaction and relationship between the child and his/her parents, his/her siblings, and any other person that has significant interaction with the child; The child’s adjustment to home, school, or the community in which he/she lives; The mental and physical health of all individuals (child and parent alike); Any evidence of domestic violence by one or both parents; and. While marriage, child rearing and divorce are largely personal matters in which emotions seem to take control over issues, Kentucky’s family laws play a vital role in guiding family issues toward equitable resolutions.
We can help there as well by connecting you – at no cost – to a local Kentucky family law attorney or professional who can help you further. While marriage, child rearing and divorce are largely personal matters in which emotions seem to take control over issues, Kentucky’s family laws play a vital role in guiding family issues toward equitable resolutions. Of course, because of this being a more recent change in gender roles, many judges still favor a mother. Firefox, or Return to top. Gaining an understanding of the laws and how they will apply to each individual’s particular situation is essential prior to anything else. Kentucky specifically states that both parents together must support their children financially. Kentucky allows for an award of joint custody, which means each party has equal decision making power regardless of who the child lives with for the majority of the time. Whether one person cannot support themselves through employment because of a child’s special needs that keeps him or her out of the work force. Top 5 Things To Look For In A Family Law Attorney, How To Become a Licensed Child Care Provider, How To Meet With Your Family Law Attorney. By filling out the Free Case Evaluation Form you will be contacted by an affiliated attorney from our company. Enter your location below to get connected with a qualified Family Law attorney today. Only one party (the petitioner) needs to file for divorce and claim that the marriage suffered an irretrievable breakdown.
The table found under the statute at 403.212(7) shows the amount of support that should be paid depending on the number of children and the amount of the parents combined gross monthly income. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. Legal custody determines which parent (or both) shall be primarily responsible for making decisions in the child’s life such as doctors’ appointments, school choice, and extracurricular activities. Every party’s physical and mental health. This is tricky to understand because it does not mean that the spouses need to move into separate homes. Copyright © 2020 Legal Lead Solutions LLC. Divorce, Child Custody, Child Support, Family Law Rights.
In the State of Kentucky, alimony is called “spousal maintenance” or just “maintenance.” No matter what it is called, it means the same thing: money that one party must pay to the other party post-divorce (or sometimes while the divorce is on-going) to level the playing field under certain circumstances. This is specifically defined in Kentucky Revised Statute 403.170 for additional reference. The maintenance order is based off the courts review and analysis of several factors, especially: The factors that go into these three main scenarios are the length of the marriage, the income each party earns, the educational level of each spouse, whether one spouse is disabled, the total assets of each spouse, the length of the marriage, the earning ability of each spouse, the standard of living during the marriage, the age of each spouse, and many other factors. Each parent or guardian’s wishes for the child.
Disclaimer. Information about Kentucky law prohibiting the crime of stalking, which is defined as a pattern of malicious behavior meant to cause a credible fear of injury or death. Allen Dodd has a concentration on complex family law cases involving custody, high asset divorce cases, maintenance, prenuptial agreements, child support, and tax … Search. Once you receive the marriage license, you don’t have to wait to start your marriage ceremony. Maintenance and alimony in Kentucky can be granted to either spouse. Kentucky family law encompasses a wide number of issues related to marriage, divorce, children, and more. What Steps are Necessary to Enter a Valid Premarital Agreement in Kentucky? This means that you and your spouse have irreconcilable differences that have caused an irretrievable breakdown in your marriage and there is no reasonable chance of reconciling, or making up. A qualified family lawyer can address your particular legal needs, explain the law, and represent you in court. All rights reserved. Our Kentucky family law help guide here is only the beginning of your journey into exploring your rights and responsibilities. We know you need support and we are here to help! This formula may not take into account special circumstances that you have and therefore may result in an unfair determination. Most importantly for dads is to avoid the pitfalls that men find themselves in when starting a father’s rights case! This article is intended to be helpful and informative. You don’t need to prove any particular reason to get a divorce in Kentucky, only that your marriage has suffered an “irretrievable breakdown.” This makes Kentucky a “no-fault” divorce state in which marital fault isn’t considered in divorce, property distribution and spousal support decisions. However, you only have 30 days to commence the ceremony before the license expires. FamilyLawRights.net provides you with helpful Family Law information to use at your own discretion. If the other party (the respondent) agrees to the terms of the divorce, the court may grant the dissolution as an uncontested divorce. Are you a legal professional? Legal Disclaimer: All information provided on FamilyLawRights.net is to be used at your own discretion. Kentucky Revised Statute 403.140(1)(a) states that at least one of the spouses must be a resident of Kentucky for at least the last 180-days prior to filing a Petition for Dissolution of Marriage. The relationship and interactions between the child and their parents/guardians, siblings and anyone else who is important to the child’s life. Child custody after divorce doesn’t default to the child’s mother under Kansas’s family laws. The main elements that are considered by Kentucky family law judges when deciding child custody are the following: Too many fathers believe that they do not have a chance to obtain a positive outcome in a child custody or child support determination because they believe that courts will automatically favor the mother. Microsoft Edge. Regardless of which role a family member plays or the social structure of your family, the law grants equal rights and protections to everyone. In Kentucky, can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement? Lastly, child support in Kentucky may also require additional payments from one parent to the other on top of the minimum child support payment, such as payment for a portion of daycare, health insurance, out-of-pocket medical or dental costs, and educational expenses. This can be reviewed at Kentucky Revised Statute 403.212. FamilyLawRights.net will not have any legal obligation with you and your attorney. States such as Kentucky have this specific rule so that one spouse is not able to move to another state and quickly file divorce in an effort to frustrate the other spouse.
The statute then states, under 403.212(3) that the child support obligation owing from one parent to the other parent is to be determined by dividing the proportion to each parent based off their combined monthly adjusted parental gross income. This is completely free and there is no obligation. Community Property states. What it takes to get a legal divorce in the state of Kentucky and the importance of hiring a divorce lawyer, with information about legal grounds and residency requirements for getting divorced.