Lisa L. Johnson, Attorney at Law Lisa L. Johnson, Attorney at Law | Lexington KY Family Law 2026-10-30T12:52:24Z 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[Do Kentucky custody laws favor mothers?]]> https://www.ljohnsonfamilylaw.com/?p=53420 2026-10-30T12:52:24Z 2026-10-30T12:52:24Z The law is sex-neutral Claims about the courts favoring women or mothers do not have basis in state law. Custody laws in Kentucky do not discuss the role of a father or a mother, nor do they include special rules based on the sex of a parent asserting their parental rights. Instead, the law uses sex-neutral language and seeks to focus on the best interest of the children involved. Judges should always prioritize what is best for the children when making custody determinations. The law imposes a presumption of equal parenting time. In the vast majority of cases, the best outcome for the children is to have strong ongoing relationships with both of their parents. Judges generally do everything in their power to keep both parents involved and to reasonably allocate both parenting time and legal authority. Fathers who seek shared custody and a generous allocation of parenting time are often successful. Learning more about the law to help people facing divorce and custody disputes. Fathers often need someone to educate them about their rights and advocate for them during the legal process, and that’s okay.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Addressing cryptocurrency during a divorce]]> https://www.ljohnsonfamilylaw.com/?p=53418 2026-10-15T16:06:13Z 2026-10-15T16:06:13Z The challenges of cryptocurrency division in a divorce There are three primary issues that can arise in a divorce where the marital estate contains cryptocurrency. The first is the challenge of locating all cryptocurrency holdings. If the spouse making the investments is not honest and transparent, tracking down digital investments can be a challenge that requires a financial professional. Second, spouses may find it difficult to effectively value cryptocurrency. Especially when acquired as a long-term investment, cryptocurrency may have a market rate that does not reflect what it is actually worth. Finally, dividing cryptocurrency can be challenging, especially if one spouse is unfamiliar with digital investing. Spouses may need to come up with creative solutions that offset the value of cryptocurrency holdings instead of directly dividing them. Working with an experienced divorce attorney can make it easier to overcome complex property division matters during a divorce. People who have invested in cryptocurrency or believe their spouses have done so may need guidance as they prepare for property division negotiations accordingly, and that’s okay.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[5 common mistakes to avoid when co-parenting]]> https://www.ljohnsonfamilylaw.com/?p=53416 2026-10-08T13:26:50Z 2026-10-08T13:26:50Z Disparaging your co-parent Harsh comments about your former spouse can make your children feel they have to choose sides. Blaming the other parent for unpaid bills often draws them into an adult financial dispute. Discuss frustrations away from your children, and remember that your co-parent could use hostile texts or social media posts in a custody dispute to question your willingness to cooperate.

Using children as messengers

Children may also face pressure when you ask them to relay requests or report on the other household. Asking your child to arrange a pickup change can give them responsibility for an adult scheduling issue. Send the request yourself through a permitted written channel, such as email, to keep adult responsibilities with adults.

Changing the schedule on your own

Clear requests can help prevent mix-ups, but your custody order sets the schedule you generally need to follow. In Kentucky, courts generally presume that joint custody and equal time with each parent serve the children's best interests. Evidence favoring another arrangement may overcome this presumption, while domestic violence rules can remove or reverse it. Once the court sets your parenting schedule, follow its terms when requesting a modification. Violating those requirements may lead to contempt proceedings for disobeying the court.

Making major decisions independently

Your order can also define each parent's role in decisions about your child's upbringing. Joint legal custody typically involves sharing major choices about schools, health care and religion. For example, enrolling your child in a different school without consulting your co-parent could prompt a dispute.

Overlooking safety concerns

Some disagreements involve threats or abuse and call for protective measures. Amendments effective July 15, 2026, require judges to assess domestic violence and abuse allegations before considering other custody factors. They also call for written findings about any impact on the child. For that reason, keep records of specific incidents. Seek a protective order or emergency assistance when needed. Moreover, everyday safety also means avoiding alcohol and drugs that could impair your judgment while driving or caring for your children.

How you can work toward a steadier routine

You can begin by identifying recurring problems and their effect on your household. Discussing those patterns with a counselor might help you manage ongoing stress. With less emotional strain, you can assess which disputes need formal resolution. An attorney may explain your obligations and evaluate requests for enforcement or changes to your parenting arrangement.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[3 credit card issues that can complicate divorce]]> https://www.ljohnsonfamilylaw.com/?p=53412 2026-10-04T19:42:50Z 2026-10-04T19:42:50Z 1. Disputes about which credit card debt is included In some cases, such as when divorce relates to infidelity or to protracted financial misconduct, one spouse may have taken on debts without informing the other. When debt constitutes dissipation or wasting of assets, one spouse may want to exclude an account from the marital estate.

2. Determining how to distribute responsibility

Once couples have agreed on which debts they need to share, they may disagree about how to allocate different accounts. There are many possible solutions, from each spouse taking specific accounts using assets to balance out the value of debts. Spouses might disagree about what solutions are most appropriate.

3. Addressing rewards balances

Many credit cards, especially those with annual membership fees, offer valuable rewards. From cash back to free plane tickets, those rewards can be worth hundreds of dollars, and spouses may disagree about how to address those rewards as part of the marital estate. Working with a lawyer who has insight into complex property division matters can be helpful for those with credit card balances and other financial complications during divorce. Spouses who know possible sources of conflict in advance can prepare themselves for the upcoming negotiation process more effectively and pursue the best possible property division settlement.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Can mothers refuse to allow paternity testing?]]> https://www.ljohnsonfamilylaw.com/?p=53409 2026-09-21T03:48:06Z 2026-09-21T03:48:06Z Paternity testing allows unmarried fathers and married men in difficult situations to verify their relationships with their children. Modern paternity testing has a high accuracy rate, making it a reliable means of validating parentage. Fathers often request paternity testing as a means of establishing their legal relationship with a child and securing shared custody. Best practices require that both parents and the child submit samples for the most accurate results. In some cases, the mothers of children may not want to acknowledge the fathers of their children. Can they refuse to submit themselves and/or their child for genetic testing in such cases?

The courts can order testing

Some paternity testing occurs through mutual agreement between presumptive parents. They may work together to verify the genetic heritage of a child. When the request for paternity testing comes from a father, the mother can theoretically decline. However, if he goes to court and requests genetic testing, then the courts can order a test to confirm a man’s parental relationship with the child. In that scenario, the mother cannot typically decline the request for the genetic test. The courts can mandate testing, regardless of a parent’s personal objections. Provided that testing occurs after the birth of a child, sample collection is a non-invasive procedure that has almost no medical risk, as the process involves a cheek swab in most cases. Going to court to request genetic testing is often the most effective means of establishing paternity when a mother does not want to acknowledge a father. Men hoping to establish paternity may need insight into the law and guidance as they navigate the court system.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Social media boundaries for parents post-divorce]]> https://www.ljohnsonfamilylaw.com/?p=53406 2026-09-14T02:33:36Z 2026-09-14T02:33:36Z Social media can spark significant co-parenting conflicts after divorce or non-marital separation. One parent may happily post photographs of a child's birthday, while the other believes children's lives should remain private. Disagreements can become particularly contentious when posts reveal locations, criticize the other household or share private details of a child’s circumstances online.  Thankfully, proactively establishing child-centered boundaries around social media use can help prevent many of these problems.

Getting started on an agreement

Parents can begin by deciding what information is appropriate to share. Consider whether photographs, school names, sports teams, medical information and real-time locations should appear online. Posting a child's school uniform or tagging a location, for example, may reveal more identifying information than either parent might be comfortable with. Parents should also discuss whether permission is needed before posting certain photographs or videos. This concern can become increasingly important as children grow older. A teenager may have strong opinions about having embarrassing childhood stories, disciplinary problems or personal accomplishments shared with an audience they did not choose. Additionally, divorce or separation itself should generally remain an adult matter. Social media is not an appropriate place to criticize a co-parent, discuss support disputes or provide updates about custody litigation. Even when children do not have accounts of their own, friends, classmates or relatives may see posts and repeat what they read. The terms of a parenting plan may enforceably address social media when online activity is a recurring source of conflict. The guiding question when crafting such terms should be whether a post serves the child or primarily serves the parent. When questions about how to craft reasonable, mutually agreeable terms arise, a skilled legal team can provide clarity and guidance. ]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[3 reasons to retain joint home ownership after a divorce]]> https://www.ljohnsonfamilylaw.com/?p=53405 2026-09-05T13:29:08Z 2026-09-05T13:29:08Z 1. Birdnesting Birdnesting is a unique type of custody arrangement. The children stay in the family home, and the parents stay in the home during their custody time. Birdnesting can be effective for those who might live with friends or family but may not have space for their children at their new homes. It can also be especially helpful for those with children enrolled in a highly competitive local school district.

2. Market or repair issues

Perhaps the local real estate market is soft when people file for divorce, leaving them at risk of losing equity. Maybe the property still needs significant repairs to secure a reasonable sale price. Couples may negotiate arrangements in which they continue joint ownership until the market becomes more favorable or they get the property into optimal condition.

3. The need for income

Some divorcing couples, especially those with children, might agree to rent out their family home during and after divorce. They can then use the proceeds from renting the property to support their children and transition to independent households. Spouses planning to retain joint ownership of a home typically need thorough agreements to prevent future conflicts and financial setbacks. Discussing possible property division goals with an attorney can help people find divorce solutions that work well for their unique situations accordingly.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Dividing high-value collectibles in volatile markets]]> https://www.ljohnsonfamilylaw.com/?p=53404 2026-08-21T23:38:47Z 2026-08-21T23:38:47Z Kentucky’s approach to collectible classification State courts establish whether a collectible qualifies as marital or separate property based on how and when it was acquired. Items purchased during the marriage are usually considered marital property, while items obtained before the marriage or through inheritance may be classified as separate. Disputes often arise when one spouse claims that a separate collectible increased in value due to marital efforts or funds. These situations require detailed records and credible valuation evidence.

Valuation challenges in rapidly changing markets

Collectibles with volatile markets can be difficult to appraise because their value may shift after the date of separation. Courts often rely on fair market value (FMV) supported by expert appraisals. In quickly-moving markets, it may be necessary to obtain multiple appraisals to capture accurate pricing. Examples include rare bourbon collections, limited edition sports memorabilia and certain categories of fine art. A consistent valuation method can reduce conflict and support equitable distribution.

Practical steps for dividing high-value collections

A thorough approach can help spouses divide high-value collections fairly. Steps include:
  • Creating a complete inventory of all items
  • Gathering purchase records, provenance documents and prior appraisals
  • Obtaining updated valuations from qualified appraisers
  • Identifying items that may require specialized storage or insurance
  • Considering whether selling certain pieces is preferable to dividing them
The many nuances involved in fairly dividing valuable collectibles can be overwhelming for those going through a high-asset divorce. Learning more about the asset division process can help you make sense of your situation.  ]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[5 basics of child custody]]> https://www.ljohnsonfamilylaw.com/?p=53401 2026-08-21T16:08:33Z 2026-08-21T16:08:33Z Divorce can bring major changes for both parents and children. Questions about where a child will live, who will make important decisions and how parenting time will be divided can quickly become some of the most difficult issues a family faces. Understanding a few basic child custody terms can make it easier to evaluate your options and participate in custody discussions. Although the terminology and legal standards vary by state, the following concepts commonly appear in custody cases.

1. Legal custody

Legal custody is the term for a parent’s right to decide a child’s upbringing. Major issues that fall under this category include:
  • Education
  • Medical and mental health care
  • Religious upbringing
  • Extracurricular activities
Legal custody is different from making routine daily decisions. A parent caring for a child will generally handle immediate matters such as meals, homework and bedtime, even if the parents share authority over major decisions.

2. Physical custody

Physical custody refers to where a child lives and which parent is responsible for the child’s everyday care. It may include providing food, transportation, supervision and a safe place to live. One parent may have primary physical custody while the other receives parenting time. In other cases, the child may spend substantial time living in both parents’ homes.

3. Joint custody

Joint custody means that parents share legal custody, physical custody or both. Parents with joint legal custody are generally expected to communicate and participate in major decisions affecting their child. Joint physical custody does not necessarily mean that the child spends exactly half of the time with each parent. The schedule may reflect the child’s school routine, the parents’ work obligations, the distance between their homes and other practical considerations.

4. Sole custody

With sole legal custody, one parent has primary authority to make major decisions for the child. Sole physical custody generally means the child lives primarily with one parent. Sole custody does not automatically prevent the other parent from having a relationship with the child. Unless contact would be unsafe or contrary to the child’s best interests, the other parent may still receive regular or supervised parenting time.

5. The parenting schedule

A parenting schedule establishes when the child will be with each parent. It may address weekdays, weekends, school breaks, holidays, vacations and transportation between households. The most workable schedules account for the child’s age, needs and existing routine. They should also provide enough detail to reduce confusion while allowing reasonable flexibility when circumstances change. Custody arrangements can have a lasting effect on the entire family. Legal guidance can help parents understand their rights and pursue an arrangement that protects their child’s stability and well-being.]]> On Behalf of Lisa L. Johnson, Attorney at Law <![CDATA[Could you benefit from a technology-based parenting plan?]]> https://www.ljohnsonfamilylaw.com/?p=53400 2026-08-20T23:13:28Z 2026-08-20T23:13:28Z Technology plays a growing role in Kentucky parenting plans, particularly when distance or scheduling challenges lead to limited in-person contact. Virtual communication can help parents maintain consistent involvement while supporting a child’s emotional stability.  The good news is, courts may allow electronic contact terms in a parenting plan when it serves the child’s best interests. Parents benefit from understanding how these tools can fit within modern custody arrangements.

Virtual visitation options

When physical contact is limited, virtual visitation can supplement regular parenting time. Here's how:
  • Video calls help maintain face-to-face interaction during travel or schedule conflicts.
  • Messaging tools support quick updates about school, activities and daily life.
  • Shared calendars help parents coordinate events and reduce misunderstandings. 
Tools like these work best when both parents follow clear guidelines that support consistent communication.

Electronic communication rules

Parenting plans often include rules that outline how and when electronic contact occurs to help preserve the child's routine and reduce parental conflicts. These communication tips can help:
  • Setting a schedule results in predictable communication times that respect school and bedtime.
  • Limiting discussion topics helps ensure conversations remain appropriate and focused on the child.
  • Creating device access rules clarifies who provides equipment and manages required passwords. 
When parents have clear expectations, it can help prevent misuse and support healthy boundaries for everyone involved.

Benefits of parenting plan technology

Including technology in a parenting plan offers meaningful benefits for families navigating distance or complex schedules. It helps maintain strong parent-child relationships, supports consistent parental involvement and reduces stress for children and parents alike. Thoughtful planning with guidance from a legal professional can help you create a tech-based parenting plan that supports your child's well-being.]]>