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Who will make decisions regarding child custody? Couple or court?

| Aug 1, 2018 | Child Custody & Support, Firm News |

Most Kentucky parents want the best for their children. They may find it challenging to determine what that may be in the event of a divorce, and it may take some time to figure out the details. Two ways that child custody decisions get made in a divorce include allowing the court to determine how much time each parent will get to spend with the children and who makes major decisions on their behalf or retaining control over these and other issues.

In some cases, Kentucky parents have little choice but to rely on the court to order child custody and visitation due to extenuating circumstances such as abuse. The court’s primary concerns will be the best interests of the children, along with who served as their primary caretaker prior to the divorce. Most often, parents will receive joint legal custody, which enables them to make major life decisions for the children together, and primary physical custody to one parent with visitation to the other.

If that is not good enough for the parents and they can work out an agreement outside the courtroom, they have the freedom to do so. This allows parents to come up with an arrangement that works best for the family and allows the children the security, support and ability to thrive that they need under the circumstances. As long as the agreement serves the best interests of the children, the court will more than likely approve it.

Coming to a child custody agreement may not be as easy as it sounds, however. It could take a significant amount of negotiating, cooperation and compromise. However, most parents find that this process helps them lay a foundation for co-parenting after the divorce is final.

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