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As part of a dissolution of marriage with children or a custody case, the court will determine the custody arrangement that is in the best interest of the children. A child’s legal custodian makes decisions regarding the child’s education, health care, and religious training. The parent that the court determines should be the legal custodian...
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Kentucky requires that the parties have been separated, or have “lived apart”, for a period of 60 days, which can include living under the same roof without sexual cohabitation, before the court can grant a decree of legal separation or dissolution of marriage. KRS 403.170(1). You do not need to obtain a separate home to...
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Kids with Christmas Tree
Even while married, couples can have difficulty navigating the holiday season. Grandparents, step-grandparents, aunts, uncles, cousins, and more all want face time during the holidays, especially when a little one is involved. A divorce or separation can add even more complications to the busy holiday season.
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In Kentucky, child support is calculated using the statutory guidelines provided in KRS 403.212. These guidelines consider the monthly gross income of both parents, the number of children in common between the parents, and the costs of any childcare and healthcare expenses for the children. Although you and your co-worker have the same income, your...
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In 2012, the Supreme Court of the United States limited third-party (often grandparent) visitation rights in Troxel v. Granville: A majority of the Court agreed that under the Due Process Clause of the Fourteenth Amendment, parents have a fundamental liberty interest in the care, custody, and control of their children. And a majority concurred that...
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In Kentucky, child support is calculated using the statutory guidelines provided in KRS 403.212. These guidelines take into account the monthly gross income of both parents and the number of children requiring support. The base child support obligation is divided between each parent in proportion to their respective incomes. Unfortunately, the child support guidelines were...
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KRS 405.021(1)(b) and (c) of Kentucky’s grandparent visitation statute is violative of due process on its face because it permits a grandparent to prove a significant and viable relationship by a preponderance of the evidence rather than the clear and convincing standard required under Walker v. Blair. The statute also fails to accord the parent’s...
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Spanish male and female enjoying early morning kayaking
One question that frequently arises in the context of divorce is whether one spouse may claim rights to another spouse’s inheritance that was acquired either before or during the marriage. At divorce, property is classified as either marital or nonmarital. Nonmarital property is restored to each spouse as his or her separate property and marital...
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Mediation is the most common form of alternative dispute resolution (ADR) in Kentucky. In fact, many Judges in divorce and family law matters will require mediation before setting a final hearing or trial date. So, what is mediation? The American Bar Association describes mediation as “a private process where a neutral third person called a...
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Shot of a confident senior woman looking thoughtful outdoors
The end of a marriage can be an extremely confusing, stressful and highly emotional event. In order to make decisions that are within your control and in your best interest, minimizing conflict is essential. The following are some strategies for navigating the divorce process with a minimum of conflict. Focus your attention on the things...
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