When parents divorce, they must decide issues regarding the care and upbringing of their children. When parents cannot agree, custody disputes arise. Here is what you should know if you face such issues in Kentucky.

What Are the Types of Child Custody in Kentucky?

Legal and physical child custody are the two basic types of custody in Kentucky. Legal custody means having the authority to make crucial decisions about the child's life and welfare. The parent with legal custody decides issues such as the manner of education, health care treatments, and religious upbringing. Physical custody relates to the actual control of the child's day-to-day activities. When the child is in the physical care of a parent, that adult has the responsibility and authority to feed, clothe, transport, and generally care for their child.

Who Gets Awarded Custody?

Generally, in Kentucky, courts seek to award joint physical and legal custody to co-parents, when that is in the best interest of the child. Legal and physical child custody might be awarded solely to one parent under certain circumstances. If a parent is in jail or prison, in a long-term medical treatment facility, or has been adjudicated as physically or mentally unable to care for the child, those circumstances can be grounds for awarding legal and physical custody to the other parent. 

Other circumstances in which a parent might be denied custody include a history of violence, spousal or child abuse or neglect, and drug or alcohol addiction. The court typically grants the noncustodial parent visitation with the child, unless it is not in the child's best interest, such as if there's a risk of harm.

Under Kentucky's child custody laws, an individual who is proved to be providing the primary care and financial support for the child is called a de facto custodian. To establish this custodial relationship, a child younger than 3 years old must have lived with the individual for at least six months. If the child is older than 3, they must have lived with the individual for at least one year. 

If you are facing a child custody dispute, seek legal help from McGinnis Leslie Attorneys at Law. The firm has two locations in Greenup and Ashland, KY, to serve clients throughout Kentucky, Ohio, and West Virginia. Established in 1963, the experienced team of 50 attorneys offers sound advice and skilled advocacy in various practice areas, including custody disputes. Whether you're seeking or opposing a custody award, these attorneys will fight for your rights and present your case in the light most favorable to you at every stage of the process. Visit them online for more information. Call (606) 473-7303 for a consultation.