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Divorce – While the process of obtaining a divorce is fairly similar for most cases, the issues confronted by the parties differ from case to case. Is the marriage short with limited property having been acquired? Is it a long term marriage that might involve extensive assets and property acquired through inheritance? Are there minor child for whom custody, timesharing (also known as visitation), and child support need to be resolved? Is maintenance (known in the past as alimony) appropriate for a spouse under the applicable facts and circumstances? The family law attorneys at Green Chesnut & Hughes are experienced in guiding divorce clients through these and other divorce issues.
Custody & Timesharing – Custody relates to the legal determination as to with whom a child will reside and what decision-making authority the parent or custodian possesses. Questions of custody will be addressed divorce cases involving children on a temporary basis during case and then in the longer term. Custody questions also arise in situations outside of divorce, such as with unmarried parents or among family members if a parent is unable to care for a child. Paternity issues can also arise when parents are unwed. Timesharing relates to the determination as to which parent or custodian will have time with the child or children and when. Sometimes a set schedule works best. Sometimes flexibility is preferable in cases where the parents can work together to adjust the schedule to fit their respective needs and those of the children.
Child support is statutorily established support. It typically incorporates amounts set forth in statutory guidelines along with amounts for certain child care costs and health insurance and medical expenses for the children. Who pays support and in what amount can be very easy to identify or it can be a bit more complex as in situations where a person’s income fluctuates frequently or parties equally share time with the children. Maintenance is support paid by one spouse to another. This type of support is also governed by Kentucky statute and several factors are considered to determine whether maintenance should be awarded, how long it should be paid, and in what amount. Maintenance is more likely to be an issue in marriages of longer duration in which one spouse has more limited financial independence for various reasons, such as working as a stay at home parent for a large part of the marriage, having limited education or work history, or having a chronic illness or condition.
Grandparents’ Rights – In some circumstances, grandparents may have right to timesharing with a grandchild or grandchildren. There are a number of factors that must be considered under Kentucky law for a grandparent to obtain a court order allowing this. Typically, grandparents must have a strong and established relationship with a child, among other considerations, to have successful court action for such rights.
Post-Dissolution/Divorce Issues – A variety of issues can arise after a divorce becomes final that prompt a need for legal representation. Often, these issues are financial in nature. For example, a party may be court ordered to pay an amount to the other party by a specific date. If the person fails to do so, efforts to collect may be required. Or, a party may be required to transfer a parcel of real property to the other spouse by fails to do so and assistance in completing the transfer may be needed. Post-divorce issues with custody, timesharing, and support can also arise.
Legal partnerships and same-sex relationships – Unmarried couples (whether same sex or opposite sex) who live together and same sex couples who have married in other states that allow or recognize same sex marriages or civil unions (unlike Kentucky) have a variety of complex issues that can confront them when planning to live together or if separating. Unmarried and same sex couples (married or not) do not have the same legal rights and interests in assets as married persons and so questions can arise as to how to plan for a division in the event the relationship ends. Same sex couples who are raising children together also face unique issues in the Kentucky court system, particularly when one member of the couple is a biological parent and the other has no blood or legal relationship to the child he or she is parenting. The questions are innumerable and that answers are not always clear. Legal guidance is particularly critical in such situations.
Pre- and Post-nuptial Agreements – There are a number of reasons persons planning to wed or who have wed might wish to have an agreement defining their rights. Persons who have acquired or expect to acquire extensive assets or wealth can enter into a written agreement protect those assets from possible loss or division in the event of a divorce or death.
Paternity – When an unmarried couple has a child or children, the biological father of the children may not be legally recognized by Kentucky as the father. In these situations, the parents will need to establish paternity. If the unmarried parents are no longer a couple, paternity is particularly important in order to address issues of custody, timesharing and support.
Domestic Violence Orders – When events of domestic violence occur or are threatened, victims may seek protection from the court system that can prohibit all contact with the alleged perpetrator, limit contact, and, among other things, grant rights to a residence for a period. These persons may need assistance with this process, including help in proceeding through a hearing before the Court on the request for an order providing protection. Persons accused of domestic violence also face substantial ramifications with regard to personal rights as a result of claims of domestic violence. When accused, individual needs counsel to help protect his or her rights.
Juvenile Cases - Dependency, Neglect and Abuse Court and Termination of Parental Rights - Dependency, neglect and abuse are typically filed by a social worker on behalf of the Cabinet for Health and Family Services to seek the removal of a child from a parent or guardian due to behavior that constitutes neglect or abuse or seek court supervision of a child remaining in the parents or guardian. Navigating claims of neglect or abuse can be challenging and legal advice is critical.
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