As stated in the seminal case of Pennington v. Marcum, “At the heart of all relationships between parents and children is the legal concept of custody.” 266 S.W.3d 759, 763 (Ky. 2008). Custody and parenting time are distinct legal concepts and both need to be resolved in paternity matters and any dissolution of marriage matters involving minor children.
The key legal question is the best interests of the child. In Kentucky, subsequent to a 2018 amendment to the law, there is a presumption, “that joint custody and equally shared parenting time is in the best interest of the child.” KRS 402.270. Even with the presumption the best interests of your child are paramount. They include factors such as your child’s “adjustment and continuing proximity to his or her home, school, and community,” as well as the “mental and physical health of all individuals involved.” Your family is the most important part of your life, and we are here to assist you in navigating the legal process surrounding custody and parenting time.