Whenever family law disputes are occurring (be they divorce, custody or some post-decree modification), there is significant stress that impacts all facets of a litigant's life with relation to job performance, debt, money management, routine household tasks and productivity. With employment, statistical studies of large-scale employers usually reflect 50-75% drops in productivity by the worker in such an action, as well as a "ripple effect" among the co-workers and line managers who struggle to adjust and cover for the productivity loss.
In matters of child custody and parenting time in divorces, Kentucky legislators and judges have a lot to say. There are statutes and judicial opinions addressing myriad issues of jurisdiction, of best interests, of factors to be used to determine what happens in modifications and what happens when someone relocates and leaves the immediate area in pursuit of new employment, new relationships or a plain fresh start. Sadly, in all of this material, there is very little said with regard to how to act as a parent.
In Kentucky, the minimum allocation of shared parenting time in a child custody case is done on a case by case basis, with the court always looking toward the best interests of the child. Under our Family Court Rules of Practice and Procedure, the minimum recommendation is every other weekend, with an overnight to occur midweek; however, given the time demands of the modern economy, working shifts do not necessarily follow patterns that work seamlessly with this type of schedule. Happily, in the Louisville area, we often find an increasing willingness to award more than the minimums and to work "outside the box" of traditional day shift schedules (provided that there is a suitable home environment). In order to see to it that children get significant interaction with both parents, courts are obligated to make allowances to accomodate the work needs of emergency service personnel, people working in health care and those who find themselves traveling in the course of their employment; this has now been extended to the current mix of flexible scheduling.
For people subject to child custody orders, another summer holiday is very nearly upon us, bringing about the all too frequent disputes about holiday and summer parenting time. Over our years of practice, we've seen this time of year create needless lost time and stress, with concomitant expense and ill-will.
In many cases of divorce, when both people emerge from the process, they feel as though they've been through an emotional and financial wringer. Often the results appear only after a stretch of time. Here are five resolution pitfalls to consider.
We frequently receive child custody questions regarding older teens. Customarily, the caller is trying to ascertain whether the teen can state who the child lives with and at what age their wishes will be deemed conclusive.
Identity Theft is far off of my usual topic of family law, I but feel compelled to urge readers to complete and file tax returns immediately.
In many states, there are significant battles over the payment of child support and tuition obligations of offspring of the parties that has achieved the age of majority. Some of those battles are legislative as advocates work to install such a requirement, and in in other jurisdictions, statutes requiring just that are being challenged.
There is an old joke about divorce, probably dating from the time of vaudeville comics, that goes something like this:
When it comes to divorce, as in every business cycle, there are busy periods. In Louisville, it is no different.