Parenting time refers to the schedule that determines when a child will be with each parent. It also encompasses time the child is in daycare or at school to clarify who is responsible if the child is sick or needs parental involvement. In Kentucky, parenting time is separate from legal custody. Legal custody involves decision-making authority, while parenting time focuses on the child’s day-to-day schedule. An agreed order or court order for parenting time ensures that there are clearly defined rights and responsibilities regarding time spent with the child.
Kentucky encourages shared parenting unless it would place the child at risk. Under KRS 403.320, there is a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child. If a deviation from equal parenting time is warranted, the court will construct a parenting time schedule which maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child’s welfare.
When determining parenting time, the court considers the best interests of the child. Factors may include the child’s wishes, the parents’ wishes, the distance between the homes and school, and the mental and physical health of everyone. Common parenting time arrangements consider the age of the children and include division of holidays and vacation time. There are a few types of commonly used schedules including a 2-2-3 schedule, a 2-2-5 schedule, and a week on/week off schedule, although it is important to consider the child’s or children’s needs.
If concerns arise after a parenting time order is in place, either parent may request a modification. A parent who believes that parenting time is being denied or disrupted without good cause may also file a motion to enforce the existing order.
If you are dealing with parenting time issues in Kentucky an attorney can help you develop a plan that works for your family. Clear parenting time arrangements can reduce conflict and give children the consistency they need to thrive.