1. People & Relationships

Kentucky Divorce Laws Continued

By

SPOUSE'S NAME:

Upon request by a wife whose marriage is dissolved or declared invalid, the court may, and if there are no children of the parties shall, order her maiden name or a former name restored. [ Kentucky Statutes - Title 35 - Chapter: 403.230]

CHILD CUSTODY:

The court may grant joint custody to the child's parents, or to the child's parents and a de facto custodian, if it is in the best interest of the child. "De facto custodian" means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older or has been placed by the Department for Community Based Services.

The court shall determine custody in accordance with the best interests of the child and equal consideration shall be given to each parent and to any de facto custodian. The court shall consider all relevant factors including:

  • The wishes of the child's parent or parents, and any de facto custodian, as to his custody.

  • The wishes of the child as to his custodian.

  • The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests.

  • The child's adjustment to his home, school, and community.

  • The mental and physical health of all individuals involved.

  • Information, records, and evidence of domestic violence.

  • The extent to which the child has been cared for, nurtured, and supported by any de facto custodian.

  • The intent of the parent or parents in placing the child with a de facto custodian.

  • The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.

The abandonment of the family residence by a custodial party shall not be considered where said party was physically harmed or was seriously threatened with physical harm by his or her spouse, when such harm or threat of harm was causally related to the abandonment.

CHILD SUPPORT:

Kentucky uses the Incomes Shares Model to determine child support. The child support obligation set forth in the child support guidelines table shall be divided between the parents in proportion to their combined monthly adjusted parental gross income. After July 15, 1990, any new or modified order or decree which contains provisions for the support of a minor child or minor children, shall provide for a wage assignment which shall begin immediately except for good cause shown. [ Kentucky Statutes - Title 35 - Chapters: 403.212 and 403.215]

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