Lisa L. Johnson, Attorney at Law Lisa L. Johnson, Attorney at Law | Lexington KY Family Law 2026-07-24T18:09:43Z https://www.ljohnsonfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204501/2025/10/cropped-site-icon-lisa-blue-32x32.jpg On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Can an unmarried father get child custody in Kentucky?]]> https://www.ljohnsonfamilylaw.com/?p=53395 2026-07-24T18:09:43Z 2026-07-24T18:09:43Z Establishing custody rights However, Kentucky law uniquely favors the father by establishing a rebuttable presumption that joint custody and equal parenting time serves the child’s best interests. Once legal paternity is established through a Voluntary Acknowledgement of Paternity (VAP) or a DNA test, the judge does not favor the mother based on gender. The law evaluates both parents equally based on:
  • The child’s emotional, physical and developmental needs
  • The stability of each parent’s home environment
  • Each parent’s mental and physical health
  • Any history of domestic violence or substance abuse
Once paternity is established, you can request legal and physical custody. Legal custody gives the parent the right to make major decisions regarding healthcare, education and religious upbringing. Physical custody is the schedule defining where the child lives on a day-to-day basis.

Securing your parental rights

While an unmarried father must take active legal steps to claim his right, Kentucky law strongly supports involved fathers once paternity is proven. By establishing paternity and filing a petition in the family court with the help of an experienced family law attorney, you could place yourself on equal footing to fight for joint or primary custody of your child.  ]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Can temporary orders protect high-value assets during divorce?]]> https://www.ljohnsonfamilylaw.com/?p=53389 2026-07-06T09:02:45Z 2026-07-06T09:02:45Z temporary orders. In most cases, this means asking the court for protection and explaining why the assets need it.

What temporary orders may protect

A temporary order could address specific risks, such as:
  • Either spouse selling or refinancing real estate without agreement
  • Either spouse making large withdrawals from bank or investment accounts
  • Either spouse canceling existing insurance coverage
  • Either spouse selling business property outside normal operations
These protections do not decide who ultimately keeps each asset. They help protect what you and your spouse may need to divide later. Some Kentucky counties may also have local rules or standing orders that limit what spouses can do with property after a divorce begins, so the exact process may depend on where you file.

What the court needs to know about major assets

Kentucky uses equitable distribution, which means marital property is divided fairly, not always equally. Before that can happen, the court needs to know what you own, what it is worth and whether it belongs to both spouses or only one of you. If you are concerned about high-value property, start organizing records that show the asset, its value and recent activity. Useful records may include account statements, deeds, business records, insurance policies, loan documents and messages about possible sales or transfers.

Keeping the marital estate stable

Temporary orders can bring more stability during a stressful financial transition. By keeping major assets from changing hands too quickly, you give the court a clearer foundation for final property decisions and give yourself more control as the case moves forward.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[How to change a timesharing schedule in Kentucky]]> https://www.ljohnsonfamilylaw.com/?p=53386 2026-06-24T07:04:13Z 2026-07-01T07:03:11Z Prioritizing the child’s best interests In Kentucky, the court will not grant a modification simply because it is more convenient for one parent. You must demonstrate that the intended change serves your child’s emotional, physical and developmental needs. Additionally, state law assumes that joint custody and equal timesharing are best for the child. If you want a different schedule than 50/50, the judge will start by assuming equal time is best unless you have evidence to show otherwise. The court will consider whether the circumstances since the prior order justify revisiting the existing arrangement. Moreover, a judge will take into account if the proposed modification will truly better serve the child’s welfare, stability and overall needs.

The modification process

If both you and the other parent agree to the change, you can draft an agreement or agreed order and submit it to the judge for approval. This is often the fastest and least expensive route when modifying a timesharing schedule. However, if you cannot reach an agreement, Kentucky courts require you to attend a mediation to attempt to compromise on a new calendar. If mediation fails, you must file a "Motion to Modify Timesharing" with the family court that issued your original order. During the hearing, a judge will review the evidence both parents present before making a final decision. You may include school records, testimonials and a report from a Friend of the Court (FOC) to support your proposed schedule change.

Prioritizing your child’s future

Successfully modifying a timesharing order can feel overwhelming, but it is often a positive step toward creating a more stable and supportive routine for your child. A lawyer can help you come up with a schedule that gives your family a stronger path forward.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[How is property divided in a Kentucky divorce?]]> https://www.ljohnsonfamilylaw.com/?p=53387 2026-07-01T02:10:55Z 2026-07-01T02:10:55Z Marital property vs. separate property Before dividing assets, a Kentucky court first determines what belongs in the marital estate. Marital property generally includes assets and debts that either spouse acquires during the marriage, regardless of whose name appears on the title. This can include income, real estate, retirement accounts and debts accumulated while you were married. Separate property typically includes assets one spouse owned before the marriage, along with inheritances and gifts given specifically to one spouse. However, separate property can lose its protected status if it becomes mixed with marital assets or otherwise changes in form.

How Kentucky courts divide property

Kentucky courts divide marital property in a way they consider fair, not necessarily equal. Judges evaluate the full circumstances of the marriage before making a decision. Key factors may include:
  • The length of the marriage
  • Each spouse’s financial situation, including income and earning ability
  • Contributions each spouse made to acquiring marital property, including non-financial contributions like homemaking or childcare
  • The value of each spouse’s separate property
  • Whether one spouse wasted, concealed or improperly transferred assets
  • The economic circumstances of each spouse after the divorce
The court uses these factors to reach a division that reflects fairness rather than strict equality. What property is subject to division? Many types of assets and debts may fall into the marital estate, including:
  • The family home and other real estate
  • Bank accounts and savings
  • Retirement accounts and pensions
  • Vehicles and personal property
  • Business interests
  • Credit card debt, mortgages and other liabilities
Proper valuation and classification of these assets often play a key role in the outcome of the case.

Why legal guidance matters

Property division cases can become complex, especially when significant assets, business ownership or disputes over separate property are involved. Small differences in classification or valuation can lead to major financial consequences. An experienced Kentucky divorce attorney can help you identify marital assets, gather financial records and advocate for a fair division of property. With the right legal support, you can better protect your financial interests and move forward with greater confidence after divorce.  ]]> by Lisa L. Johnson, Attorney at Law <![CDATA[Is your spouse hiding assets in divorce? What to do next ]]> https://www.ljohnsonfamilylaw.com/?p=53383 2026-06-24T06:58:28Z 2026-06-24T06:58:28Z Financial disclosure requirements in divorce cases Kentucky law requires both spouses to share full financial information during a divorce. This includes income, assets, debts and expenses. Courts use these records to identify marital and separate property and divide property and debts fairly. Hiding financial details can lead to perjury charges for false statements under oath. Courts may also order payment of legal costs and give a larger share of property to the other spouse.

What to do if assets are hidden

Signs of hidden assets or false financial information call for quick action to protect financial rights and support a fair property division. You can take the following steps if you suspect your spouse is hiding assets:
  • Collect financial records and documents: Collect all available financial documents to build a clear picture of the financial situation. These may include bank statements, tax returns, account records, property documents and business records.
  • Review accounts for inconsistencies: Check all financial records for issues such as missing information, unexplained transfers, sudden balance changes or incomplete disclosures that may indicate hidden assets.
  • Seek legal support: An attorney can help identify signs of financial deception. They can also explain legal rights, organize evidence and guide each step of the response process.
  • Request court-ordered discovery: If financial concerns continue, an attorney can ask the court to order full disclosure of financial records and help prevent marital assets from being hidden or moved.
  • Use forensic accounting when necessary: In complex cases, a forensic accountant can trace funds and uncover transactions that may not appear in standard records.
Taking these steps in a structured way helps maintain financial transparency and supports a fair division of marital property.

Protecting financial rights

Hiding assets can affect more than property division. It can delay the divorce process, increase conflict and weaken a fair outcome. Full financial transparency addresses these problems and supports a smoother process and a fair division of marital property. Working with an attorney can help identify hidden assets and support a fair resolution.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[6 valid grounds to modify your child custody order in Kentucky]]> https://www.ljohnsonfamilylaw.com/?p=53375 2026-06-11T15:58:52Z 2026-06-11T15:58:52Z When you finalized your custody agreement in Kentucky, you likely hoped it would stand the test of time. But circumstances change and a custody order that once served your child well may no longer fit their needs. Thus, recognizing the valid grounds for modification can help you take the right steps forward.

Understanding Kentucky’s two-year rule

Before filing a motion to modify custody, you need to know about Kentucky's two-year rule. In most cases, you cannot request a modification within two years of the original custody decree. There is one exception, though. If you can show that your child's current environment endangers their physical, mental or emotional health, the court may hear your case sooner. 

Six circumstances that can change your custody order

Once the two-year waiting period passes, the next step is showing the court that something significant has changed. Courts in Kentucky require proof of a material change in circumstances before approving any modification request. Several situations may qualify as a material change in circumstances, including:
  • Endangerment: Evidence of physical or sexual abuse, severe neglect, domestic violence or untreated substance abuse can support an urgent modification request.
  • Parental relocation: A move of more than 100 miles can significantly disrupt the existing parenting schedule.
  • Health or mental health changes: A documented and serious decline in a parent's health may affect their ability to care for the child.
  • Custody interference: Consistently violating the current order, such as denying visitation or engaging in parental alienation, is a valid ground.
  • Incarceration: A parent serving more than 60 days can impact the existing custody arrangement.
  • Child's maturity and preference: As your child grows, their educational needs, medical needs or expressed preferences may call for a schedule change.
Each of these situations reflects a real shift in your child's life. If any of them apply to your family, it may be time to consider your next steps.

Protect your child’s well-being

Your child's needs will continue to grow and change over time and the custody order guiding their upbringing should reflect that. Recognizing the right grounds for a modification is the first step toward making sure your child's best interests stay at the center of every decision.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Adjusting visitation schedules as your child grows into a teenager]]> https://www.ljohnsonfamilylaw.com/?p=53373 2026-06-11T11:58:01Z 2026-06-11T11:58:01Z What signs suggest a schedule may need updating? Parents may need more flexibility to help their child balance family time with growing responsibilities. Signs that an existing schedule may no longer fit a teenager's routine can include:
  • Frequent requests to swap or adjust parenting time
  • Ongoing conflicts between visitation and other commitments
  • Difficulty coordinating transportation and scheduling
  • Disagreements about how a teenager spends their time
  • A growing need for flexibility that the current order does not provide
These challenges often develop gradually as teenagers become more involved in activities, friendships and responsibilities outside the home. Recognizing those changes early may help parents have productive conversations about what works best for their family. Kentucky's visitation laws also recognize that parenting time arrangements may require adjustment when circumstances change and the child's best interests remain the priority.

Can parents adjust a schedule without going to court?

Not every schedule change requires a courtroom hearing. In many situations, parents can work together to make reasonable adjustments that better fit a teenager's activities and commitments. Open communication may help parents resolve schedule conflicts before they become larger issues. However, informal arrangements do not always provide long-term stability. When a new schedule becomes the norm rather than an occasional exception, parents may want to consider a formal modification that reflects the child's current needs and routine.

Finding a plan that fits your teen

A successful parenting plan is not one that never changes, but rather is one that continues to meet a child's needs as those needs evolve. Taking a thoughtful approach to parenting plan changes can help families focus less on the calendar and more on supporting their teenager's growth and independence.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Understanding how paternity actions work in Kentucky]]> https://www.ljohnsonfamilylaw.com/?p=53361 2026-05-22T08:16:26Z 2026-05-22T08:16:26Z Who can file a paternity action? In Kentucky, a paternity action can generally be initiated any time before the child turns 18 or 19 if they are still in high school. Eligible filing parties include:
  • Biological mother: Secure child support and medical coverage
  • Putative father: Establish custody or visitation rights
  • Adult child: Determine their legal lineage
  • Third party: Obtain support for the minor child or enforce existing orders
In cases where the child receives public assistance, The Cabinet for Health and Family Services (CHFS) can file to seek reimbursement and ongoing support from the biological father.

Role of DNA evidence

When your paternity is contested during proceedings, the court can require genetic testing to definitively prove that you are the child’s father. The test is a simple and non-invasive process, usually done with a cheek swab. In Kentucky, a 99 percent or greater probability of fatherhood creates a legal presumption of paternity. The court usually assigns the cost of DNA testing. If the results confirm parentage, the person who disputed it may have to pay the court back.

Alternative to paternity action

You and the child’s mother can willingly sign a Voluntary Acknowledgement of Paternity (VAP) to add your name to the birth certificate and verify your legal paternity. While a VAP does not automatically give you custody or visitation rights, it does allow you to request it from a judge. Going this route is often quicker and easier while eliminating the need for any court involvement.

Committing to your child’s future

Pursuing a paternity action is a powerful way to show that you are serious about your child’s long-term stability and overall well-being. A lawyer can help you prepare the documents needed to formalize your status as a parent. You deserve to protect the bond that ensures your child grows up with your presence, support and love.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[What happens to your shared digital assets in a Kentucky divorce?]]> https://www.ljohnsonfamilylaw.com/?p=53359 2026-05-15T16:30:30Z 2026-05-15T16:30:30Z Identifying and valuing your digital assets Before you can divide anything, you first need to determine what type of property each digital asset falls under. Kentucky courts typically treat assets you owned before the marriage as separate property, while assets you accumulated during the marriage usually qualify as marital property. Once you sort out each asset's classification, you can bring in valuation experts to assign a fair dollar amount to each one. This gives you a clear picture of what is at stake and helps you prepare for the road ahead.

Common digital assets couples often split

Once you have a solid understanding of your asset values, the next step is identifying exactly what falls into the digital category. Here are the most common types that come up in a Kentucky divorce:
  • Financial and investment accounts: These include digital currencies, digital tokens and online wallets or trading platforms that hold real monetary value.
  • Online businesses and side hustles: Income-generating blogs, websites, domain names, intellectual property and monetized social media channels all qualify as divisible marital assets.
  • Rewards and points: Frequent flyer miles, hotel reward points and credit card cash-back balances you accumulated during the marriage also count as part of your marital estate.
Thus, knowing what you have sets the foundation for a fair outcome. With a complete picture in hand, you can move forward and explore the best approach to dividing them.

Three practical ways to divide digital assets

Now that you have a full picture of your digital assets, the next step is figuring out how to divide them fairly. Here are the three most common approaches in a Kentucky divorce:
  • Offsetting with other marital assets: This happens when you keep full ownership of the digital asset, while your spouse receives an equivalent value through cash, home equity or a portion of a retirement account.
  • Direct in-kind transfer: This usually occurs when you transfer your spouse’s share of the digital asset directly to them, making it a straightforward exchange without the need to liquidate.
  • Liquidation and split: Both spouses agree to sell the digital asset on the open market and divide the resulting cash proceeds equitably.
Each approach has its own advantages and the best choice depends on the nature of your assets and your financial goals.

Protect your virtual wealth in a Kentucky divorce

Dividing digital assets in a Kentucky divorce is a process you can navigate with clarity and confidence. The more you know about your options, the stronger your position to protect what you have worked hard to build. Hence, having knowledgeable people in your corner makes the journey far less daunting and puts a fair outcome well within your reach.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[3 mistakes to avoid in property division]]> https://www.ljohnsonfamilylaw.com/?p=53356 2026-05-08T09:57:55Z 2026-05-08T08:48:26Z property division can become complicated, especially if there are significant assets involved. Recognizing the common pitfalls that occur during this process is crucial to ensure you walk away with a stable financial foundation rather than a pile of debt and regret.

Assuming a 50/50 split

A common misconception is that every marital asset is divided exactly in half. However, a divorce in the state follows the rule of equitable distribution. This means the court aims for a division that is "fair," which does not always result in an equal split. Judges look at several things, like how long you were married, what each person earns and work done at home like raising children. If you assume you’ll automatically get exactly half, you might be disappointed when it’s time to work out a deal.

Undervaluing assets

It is easy to overlook the true long-term value of certain items. A retirement account, for example, carries different tax implications and future growth potential compared to cash in a savings account. Similarly, the family home or a shared business might be worth far more than its initial purchase price. Skipping professional appraisals can lead to a significant misunderstanding of what your property is truly worth. It can leave you with far less actual wealth than you realize.

Making decisions based on emotions

Property division is often where feelings collide with finances. Many people fight tooth and nail for the family home due to sentimental attachment, even if they cannot realistically afford the mortgage and upkeep on a single income. Letting emotions drive your negotiations may lead to financial instability once the legal process is complete.

Seek a fair division of assets

Protecting your finances requires looking past the immediate emotional strain and focusing on the lasting impact of your financial choices. Staying informed about the complexities of property division is the most effective way to avoid common oversights or making hasty, high-pressure decisions.]]>