Many times, we hear stories about how fathers wind up paying child support on children which are not genetically related to them. Ofttimes, this occurs from naivete, sometimes, by deliberate misrepresentation.
Of all of the emotional child custody disputes that arise in the course of a family law case, many of the most troubling swirl around substance abuse, addiction and how to handle restoration during or after a period of rehabilitation. During the period of active addiction, truly awful things frequently occur - abuse, neglect, emotional manipulation and childhood exposure to very adult misbehavior and criminal concepts. For most people who are suffering from addictive conditions, once courts intervene, all but the ones in their most extreme phases of denial will acknowledge that their parental involvement should be restricted (if not suspended altogether) while they get their lives on track. What happens afterward is where the difficulties arise.
It is that time of year again - for anyone interested in making different holiday arrangements with regard to parenting time, matters must be hashed out or docketed now. It helps to have an experienced family lawyer assist you with these tasks.
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.
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.
In certain percentage of cases involving child support or custody, there will be a child with special physical or educational needs.
A recent article on divorce in the New York Times analyzed raw data on the number of divorces occurring nationally, and despite common perceptions about huge divorce rates, concluded that the numbers have declined over the past several years.
Child custody cases frequently bring out the worst in parents. All too often, parents seek to extend conflicts into aspects of childrearing that have previously not been problematic between them. These battles can occur over previously mundane practices and events from routinely scheduled family gatherings to outdoor fishing trips, and seldom are the desires of the children themselves taken into account. in fact, on all too many occasions, the concerns of the children are ignored completely.
On review, child custody decisions in situations where servicemembers face extended deployment at sea or abroad are seldom easy. Where both parents are presumably fit, it is intuitive that the nondeployed parent should generally obtain primary custody; however, where there are problems with parenting by the nondeployed parent, the decisions are much harder. In this office, we are well aware of these issues, and can assist in fashioning appropriate solutions and arguments.