Hopkinsville Child Custody Lawyer

Hopkinsville Child Custody Attorney

When a couple separates, either because of divorce, break-up, or legal separation, the question of how to care for the children may arise. Child custody is the process that determines which parent makes decisions for the child or who the child lives with. If you are divorced and need assistance with child custody or visitation, you may want to hire a Hopkinsville child custody lawyer.

The team at Mathis, Bates & Klinghard PLLC has the knowledge and experience that you can count on to navigate your child custody challenges. Our team knows that any legal matter involving children can be emotional and difficult for all parties involved. We use compassion and understanding to help our clients reach a decision that helps parents move forward and support the needs of their children.

What Are the Types of Child Custody?

In Kentucky, there is sole custody and joint custody. Parents can have either or both physical and legal custody in either arrangement. Sole custody means only one parent, the mother or the father, has full custody of the child. On the other hand, joint custody is when both parents share custody of the child.

In joint custody arrangements, parents can either share legal custody, physical custody, or both. Sometimes, parents only share legal custody, meaning the child takes turns living with both parents, but only one parent has legal custody and makes decisions for the child. If a parent has sole custody of the child, then the other parent, called the non-custodial parent, may be entitled to visitation.

Child custody is further divided into physical custody and legal custody. Physical custody is who the child lives with, and legal custody is who makes important decisions for the child. These decisions can include the child’s religion, education, and medical decisions.

It is beneficial for parents to come up with a parenting plan that outlines custody arrangements and parenting time themselves. Though the court makes the final order on the visitation schedule, the parent’s wishes will likely be considered if the parents come to an agreement. If parents cannot come to an agreement, the court will create a plan for the parents. Hiring a family lawyer in Hopkinsville can be invaluable in this step to mediate the situation so that it is less stressful.

How Is Custody Determined?

In Hopkinsville, Kentucky, the best interest of the child is considered above all when determining child custody. Though joint custody is ideal, sometimes this is not possible. Factors that determined the child’s best interest are as follows:

• What the parent wants. If the child is old enough, the judge may also consider what the child wants.
• The connection or relationship the child has with each parent.
• The child’s relationship with the other important people in their lives, such as grandparents, siblings, or other loved ones.
• The parent’s motivation for their desired custody arrangement.
• The parents can offer stability in terms of home environment and proximity to the child’s school.
• The parent’s and child’s mental and physical health.
• If there is a history of abuse in the home.

While it tends to be in the best interest of the child to spend time with both parents, sometimes this is impossible. If one parent or the other is abusive, then they may lose visitation rights. Another visitation arrangement is supervised visitation, in which the parent can visit the child while a third party is present.

What Is the Process for Child Custody?

The process for child custody involves filing a petition, paying the court fees, serving the other parent, attending a court hearing if necessary, and finalizing the custody arrangements. Child custody cases are handled through the circuit court, and orders are granted based on the child’s best interest. Having a parenting plan in place is invaluable for reaching a fair agreement, but if the parents cannot come to an agreement, the case may have to go to court.

In this case, it is important to have a lawyer on your side to defend your rights and protect your child. Your lawyer can also help in the early stages of the process, such as helping you interpret paperwork and ensuring you meet deadlines. If the other parent hires a lawyer, you should hire one as well for the chance of an optimal outcome.

FAQs

Q: Is Kentucky a 50/50 State for Child Custody?

A: Kentucky is a 50/50 state for child custody, but the exact arrangement varies depending on the situation. Parents can have either sole custody or joint custody and can have either physical custody or legal custody. One parent can have both legal custody and physical custody while the other parent is granted visitation, both parents can share both legal custody and physical custody, or both parents can share physical custody but not joint custody.

Q: How to Stop a Child Custody Case?

A: You can file a motion to stop a child custody case with a court. It is highly recommended to consult with a lawyer before doing this, as the process is complex. Both parents should agree on the dismissal, citing their reasons, and the dismissal should be in the best interest of the child.

Q: Can One Parent Choose to Move with the Child?

A: One parent can move with the child after certain requirements are met. In sole custody arrangements, the parent with sole custody must file a written motion with the court and serve the other parent. In joint custody arrangements where the parents agree to the move, the parents should change the parenting time with an agreed order. In arrangements where the parents do not agree, either of the parents can file a motion to change the custody arrangements or time.

Q: How Much Is it to Get Full Custody of Your Child?

A: The cost of child custody arrangements is determined by a mix of court fees and lawyer fees. Court fees depend on the county you are in, and lawyer’s fees typically depend on the lawyer’s experience, the firm’s location, and the complexity of the case. Lawyers with more experience and who operate out of firms in areas with a higher cost of living tend to be more expensive, while more complex cases are more time-consuming and thus more costly.

Hopkinsville Child Custody Lawyer

If you need guidance regarding your child custody case, the lawyers at Mathis, Bates & Klinghard PLLC are here to help you. We use our decades of experience litigating child custody cases to help our clients. We use compassion to ensure your case meets a fair and equitable end. Contact us today for a consultation.