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Shared Parenting Time Now Presumed In Kentucky

Several months ago on this blog we discussed shared parenting time and its emergence as a trend in custody cases in Kentucky family courts, including family law cases in Louisville and Oldham County.

Shared parenting time, otherwise known as 50-50 parenting time or equal parenting time, occurs when parents, or other custodians, have physical possession of their children on a roughly equal basis throughout a given period of time.

50-50 shared equal parenting time

At the outset of many divorce or custody cases, parents typically jostle for time with their children. The reasons for the chaos can vary. However, one reason for this initial wrangling is fear of being relegated to the status of “weekend” parent. Often, the thought process of divorcing parents is to possess the children as much as possible in an attempt to establish a sort-of “status quo” that a judge might be reluctant to change upon final resolution of the matter.

Possibly to eliminate this initial uncertainty occurring at the beginning of a Kentucky family law case, Governor Matt Bevin signed into law in April 2017 an amendment to KRS 403.280.

The amendment creates a presumption that parents and custodians shall have a 50-50, or shared parenting time arrangement at the beginning of a custody or divorce case in Kentucky. Obviously, this new law applies in divorce or custody litigation in Louisville and Oldham County.

The bill allows opponents to a presumed shared parenting time arrangement to rebut the presumption by preponderance of the evidence.

As mentioned above, the new legislation takes some of uncertainty out of the process at the beginning of a case. In addition, the bill is designed to ensure both parents are actively involved in the upbringing of their children, which might well be in a child’s best interest, if one is to believe the recent literature on the subject.

Louisville and Oldham County family attorney Jason Dattilo handles all types of domestic litigation. Call Jason Dattilo today to discuss your divorce, custody, or other Louisville or Oldham County family law matter.

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