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Lisa L. Johnson | Attorney At Law

859-554-4691

Experienced, Award-Winning Family Law Guidance

Lisa L. Johnson

Lexington Child Custody Lawyer

While custody is a central issue in many divorces, Kentucky law, specifically KRS § 403.270, establishes a legal presumption that joint custody and equal parenting time is in the child’s best interest, shifting the focus from designating one ‘custodial’ and one ‘noncustodial’ parent.

Experienced Lexington divorce law attorney Lisa L. Johnson skillfully handles all matters relating to child custody during your Kentucky divorce or separation period, including parenting time and modifications to parenting time provisions in the event of a parental relocation.

We can help you pursue a custody and parenting arrangement that will suit your family. Contact Lisa L. Johnson, Attorney at Law, at 859-554-4691.

Resolving Child Custody Disputes: Mediation Versus Litigation

Mediation offers a cooperative approach to resolving child custody matters. In this process, both parents work with a neutral third party to reach agreements on important custody issues. This method typically costs less than going to court and allows you to maintain control over the final plan, rather than a judge making these personal decisions for your family.
On the other hand, litigation becomes necessary when parents cannot find a middle ground in mediation or when a child’s safety is at risk. Each side presents evidence and makes arguments before a judge. The judge then reviews all the information and makes the final decision regarding custody arrangements.

How Child Custody Mediation Works

Child custody mediation begins when both parents agree to work together outside of court. Lisa can work with you in mediation if she is your attorney for your divorce proceedings. Her role in this case is to help you understand how mediation works, help you select a mediator, help you develop a strategy for how to negotiate custody terms during the mediation sessions and support you throughout the mediation process. She will work diligently to ensure you’re prepared for your mediation and are able to work towards an amicable resolution on custody issues with your ex-spouse.
Lisa also leads mediation sessions on a select basis as a third-party neutral. As a seasoned mediator, Lisa helps create a space where you and your co-parent can work together and build arrangements that put your children first.
In every session, she guides conversations about your children’s needs. These conversations will address where they will live, your parenting schedules and who gets to decide about their education, health care and other activities. You can take breaks when needed and move at a pace that feels right for your family. Once you reach an agreement, Lisa puts it in writing to create a legally binding parenting plan. This document becomes part of your divorce decree or custody order, giving you clear guidelines for raising your children together from separate homes.

What Happens In Custody Litigation

Litigation begins with filing a petition that outlines your custody requests and the reasons supporting them. The court then schedules hearings where both parents present their positions. As your legal ally, Lisa prepares you for depositions and helps you understand what to expect throughout the legal process.
The judge listens to all evidence and testimony before making decisions about custody arrangements, parenting time and decision-making authority. This process can take several months, but it results in a court order that both parents must follow.

Is Kentucky A 50/50 State For Child Custody?

Under Kentucky law (KRS 403.270), courts begin with a rebuttable presumption that joint legal custody and equal parenting time (50/50) are in the child’s best interests. When a true 50/50 schedule is not practical or appropriate, the court must establish a parenting plan that maximizes meaningful time with each parent while prioritizing the child’s safety and well-being.

To determine what arrangement best serves the child, the court evaluates several statutory factors, including:

  • each parent’s stated preferences,
  • the child’s wishes, when appropriate,
  • the child’s relationships and adjustment to home, school, and community,
  • the mental and physical health of the parents and child,
  • any history or risk of domestic violence, and
  • each parent’s ability to foster a positive, ongoing relationship between the child and the other parent.

Kentucky law also recognizes de facto custodians—non-parents who have served as the child’s primary caregiver and financial supporter for a significant period. Once proven, a de facto custodian is given the same legal standing as a parent in custody matters.

Importantly, under KRS 403.270, the presumption of joint custody and equal parenting time does not apply to a parent who has a Domestic Violence Order issued against them. In those cases, the court still examines all of the best-interest factors to determine an appropriate custody arrangement.

What Factors Does Kentucky Consider For Child Custody?

Kentucky courts make custody decisions based on what serves your child’s best interests. To do this, judges carefully examine the following aspects of your family life, as stipulated by Kentucky law:
  • The wishes of the child’s parent or parents
  • The wishes of the child as to his or her custodian
  • The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child’s best interests
  • The motivation of the adults participating in the custody proceeding
  • The child’s adjustment and continuing proximity to his or her home, school, and community
  • The mental and physical health of all individuals involved
  • Any history of domestic violence or substance abuse
As your lawyer, Lisa will help you gather and present evidence that demonstrates your commitment to your child’s well-being.

Lisa L. Johnson, Attorney at Law – Providing Practical Solutions, Personal Service For Child Custody Issues

When our compassionate lawyer puts her over 35 years of successful service behind your child custody goals, you immediately receive these advantages, beginning with your initial consultation:

  • In-depth knowledge of Kentucky divorce law, as it addresses custody and visitation matters
  • Dedication to the concept of “the best interest of the child”
  • A willingness to listen to you and supply you with facts that can lead to sound decisions
  • Individualized attention to your questions and concerns throughout the process
  • Effective strategies for mediation, negotiation or litigation of your objectives
  • Post-divorce counsel for custody modifications needed due to a parental relocation that results in a material change in the status quo

The vast majority of productive outcomes for a couple’s custody discussions are mediated, as opposed to the often tense setting of a courtroom. Lisa L. Johnson, Attorney at Law, can represent you in mediation, working hard to find common ground that promotes a spirit of cooperation and minimizes the potential negative emotional impact of divorce on a child.

A Bright Post-Divorce Future Is In Reach

To speak with a lawyer who is dedicated to your brighter future, call or email Lisa L. Johnson, Attorney at Law. Contact our Lexington law office at 859-554-4691.