Determining An Enforceable Custody Arrangement For Your Children
Child custody cases are critical when parents are unmarried, separated or divorced. Absent a child custody agreement, the parties often find themselves in very contentious legal disputes over custody, parenting time and decision-making for their children. In such instances, Courts commonly rely upon custodial evaluations from a neutral party advising the Court on these matters. Attorney McGee has extensive experience in working with the professionals who conduct custodial evaluations, namely, child psychiatrists and child psychologists across Kentucky and at the Vanderbilt Medical Center in Nashville.
There are also times when a Kentucky social worker for the Kentucky Cabinet for Health and Family Services will seek Court intervention to restrict your rights as a parent. These actions are called “Dependency, Neglect, or Abuse” cases. Attorney McGee has extensive experience in working with social workers and, if necessary, challenging the social workers’ opinions when necessary. He is very familiar with the Policies and Procedure Manual that Kentucky social workers must follow and knows how to appeal their decisions up through the chain of command in the Kentucky Cabinet for Health and Family Services.
What Your Child Custody Arrangement May Look Like
A strong custody plan and strategy will work in support of the stability and best interests of your child or children. Your family’s custody arrangements may consist of joint or sole custody. In a best-case scenario, decisions will be made based on your child’s best interests.
The role of the court in custody determinations is critical as a judge will consider factors such as the child’s wishes, parents’ health, and any history of domestic violence.
When Should I Modify My Kentucky Child Custody Arrangement?
There are several situations where parents may need to revisit and modify their child custody arrangement in Kentucky. Life changes and evolving family dynamics can make it necessary to adjust the original agreement to better suit the child’s or parents’ needs. Common reasons for modifying a custody plan include:
- Significant life changes: If one parent experiences a major change, such as a move, job loss or remarriage, the existing custody arrangement may no longer be practical. These shifts can affect a parent’s ability to meet their custody obligations, making it important to consider a modification.
- The child’s preferences: As children grow older, their desires regarding living arrangements may change. Kentucky courts take the child’s wishes into account, particularly if they are old enough to express a well-reasoned preference, although this is not the only factor considered.
- Concerns for the child’s safety or well-being: If one parent is struggling with issues such as substance abuse, neglect or harmful behavior, it may be necessary to request a modification to protect the child’s welfare. Courts prioritize the child’s safety in any custody decision.
- Noncompliance with the existing arrangement: If a parent is consistently violating the terms of the custody agreement, such as by failing to follow visitation schedules or disregarding the terms of joint custody, it might be necessary to seek a change to the order.
- Changes in a parent’s health or caregiving ability: If a parent’s health declines or their ability to provide care diminishes, whether related to physical custody or legal custody, a modification may be needed to reflect the new situation.
When considering a modification, it is important to speak with an experienced child custody lawyer who can help assess your situation and advocate for your parental rights. Consulting with knowledgeable child custody attorneys will help you understand the best course of action to take and work toward a solution that supports your child’s best interests.
Consult With Family Law Attorney William F. McGee Jr.
Learn how to ensure that your knowledge of your child’s life will be taken into full account when the child custody plan is under discussion in a local family law court.
To reach McGee Law Office in Livingston County regarding your pending divorce or separation and the child custody order that you need, call 270-854-1885 or send an email inquiry.