Lisa L. Johnson, Attorney at LawLisa L. Johnson, Attorney at Law | Lexington KY Family Law2024-03-13T18:46:06Zhttps://www.ljohnsonfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200931/2021/01/cropped-llj_favicon-32x32.pngOn Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=492062024-03-13T18:46:06Z2024-03-13T15:11:47ZHow can a father establish paternity?
In Kentucky, there are two ways to establish paternity. One is by signing a Voluntary Acknowledgement Paternity (VAP), and the other is through a court-ordered paternity test.
How can fathers stay involved before the birth of the child?
Pregnant women are responsible for the care of their unborn child, meaning they will make decisions regarding matters like genetic testing and labor and delivery preferences.
However, fathers can still be involved in an unborn child’s life. For instance, they may attend prenatal appointments and discussions with healthcare providers with the mother’s consent or contribute to setting up the child’s home.
It is also worth noting that a proposed bill in Kentucky would allow parents to seek child support from fathers before the child is born for pregnancy-related expenses like prenatal care and childbirth.
Can a father seek legal rights for the child?
A father may pursue custody or visitation rights once a paternity test proves that he is the biological father. After that, he may take the following steps:
Reach out to the child’s mother and sign an acknowledgment of paternity
File a paternity action to be designated as the legal father
Request to have his name on the child’s birth certificate
Although unmarried fathers typically do not have the same decision-making capacity as the child’s mother before a child is born, they can still initiate legal proceedings to establish paternity and exercise their parental rights.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=492052024-03-06T15:21:41Z2024-03-06T15:21:41ZUnderstanding this concept is essential to comprehend how Kentucky reaches a final court order in child custody cases.
The “rebuttable presumption” and psychology behind it
Kentucky law starts from the premise that joint custody and equal visitation schedules are in the child’s best interests. This is what is known as a “rebuttable presumption.” But what drives this presumption?Research reveals that children often do better when they can sustain strong relationships with both parents post-divorce. A balanced visitation schedule helps to facilitate this, allowing the child to spend an equal amount of time with each parent.The presumption is “rebuttable” because either parent can challenge it in court. If one parent can provide evidence that such an arrangement is not in the child’s best interest, the court may rule otherwise.
Determining what’s best for a child
While the rebuttable presumption provides a starting point, the specifics of each case can influence the final custody and visitation arrangements. Courts consider a variety of factors when determining the best interests of a child, including:
The wishes of the parents and child The psychological and physical health of relevant parties
The child’s adjustment to a certain parent’s home
The potential impact of parental decisions on the child’s development
The child’s personal preferences, if age-appropriate to consider
Other relevant factors
Ultimately, Kentucky pushes for shared parenting to ensure the child’s overall well-being. The best way to achieve this is by helping kids to maintain a strong, equal relationship with both parents. This critical factor, among others considered by the court, contributes to Kentucky’s typical approach of awarding joint custody, where both parents share decision-making and time with the child.For co-parents, understanding these considerations and their potential impact on their case is important, but it can be complex. A legal professional can help navigate these complexities and provide support throughout the child custody proceedings.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=492042024-02-25T01:51:44Z2024-02-25T01:51:44ZAsset division and business valuation
One of the first steps in understanding the impact of divorce on a jointly owned business is to determine the business's value. This likely requires a valuation from a professional. The value of the business is then considered in the overall division of assets. Depending on the jurisdiction and whether the business is deemed marital property, one spouse may be required to buy out the other's interest or compensate them to retain control of the business.
Future ownership and operation
Divorce significantly affects the future ownership and operation of the business. There are several possible outcomes:
One spouse may retain full ownership and control,
The business may continue to be co-owned and operated
It may be sold with the proceeds divided
The decision largely depends on the couple's ability to work together post-divorce, the business structure and each individual's interest and involvement in the business.
Impact on business operations
The uncertainty and transitions associated with divorce can also impact the day-to-day operations of the business. Employee morale, vendor relationships and client trust may be affected by the perceived instability. It's crucial for divorcing owners to maintain professionalism and communicate clearly with their staff and clients to mitigate any negative effects on the business.
Legal and financial considerations
Divorce proceedings can illuminate various legal and financial concerns related to business operations. Reassessing contracts, liabilities and debts the business holds and understanding the tax implications of asset division and ownership changes may, therefore, become necessary.
Protecting a business and both parties during divorce often requires strategic planning and negotiation. Seeking personalized legal guidance is, therefore, generally a good idea when a divorce is being initiated and a family business is in play.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=492022024-02-21T16:27:30Z2024-02-21T16:27:30ZArrangements to make before you relocate
If you are relocating out of state or over 100 miles away, you must notify the other parent at least 60 days before the move. Consider discussing your relocation plans with the other parent in advance. If they are on board with your move, you can sign an agreed order.
However, if the other parent objects to your relocation, they can file a motion for a change of custody or parenting time. This may put a damper on your plans. It could disrupt your new job, marriage schedule or the other reasons for your move.
Communicating is often the easier way to get the other parent to agree. If they seem resistant, take the time to explain your situation and how the move can benefit your child. Consider revising the visitation schedule to give them valuable holiday breaks or summer vacations with your child.
Relocation may go more smoothly for everyone if you are willing to compromise.
What to expect if you end up in court
Sometimes, reasoning is not enough. If the other parent is adamant about objecting to your move, be prepared to justify your relocation to the judge. The judge will look at various factors such as the reason for the move, how it will affect your child, the child’s relationship with each of you as parents and your capacity to co-parent.
The judge will always prioritize a child’s best interests. They will advocate for the decision that best preserves the child’s relationship with both parents and causes the least disruption to the child’s life. Consider enlisting a family law attorney to help articulate your case and show the potential benefits of the relocation for your child and family.
Relocation can be tough, especially for parents who will end up father from their children. Imagine what it’s like for the other parent. Making reasonable arrangements so they can still spend valuable time with your child may be all they need.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=492012024-02-12T16:49:39Z2024-02-12T16:49:39ZMoney is not the only thing at stake
When a couple with a combined net worth of $1 million files for a divorce, it falls under a high-asset divorce case. However, aside from money itself, high-asset divorces can also deal with distinct types of assets such as rental properties, private jets or yachts, stocks, inheritances and family heirlooms.
Further, complex properties like businesses can also be part of the split, which means that the fate of these assets can affect many other people like business partners and employees.
Factors affecting division
In Kentucky, divorcing spouses or the courts decide on the equitable distribution of assets in a divorce. In either case, parties must determine the distribution of assets after considering factors including:
How long they have been married
The contribution of each spouse (including home management, economic and other types of contributions)
The financial standing of each person after the divorce
The property value awarded to each spouse
These and other relevant factors will dictate the eligibility and logistics of asset division. Keep in mind that these decisions are complicated and based on the information spouses provide, which means each person must be honest and forthcoming when revealing their assets, income, expenses and debts.
While learning the complexities of a high-asset divorce is difficult, navigating this process with qualified counsel is critical. Remember, the financial stakes are significant, and little mistakes can have long-term effects. These tricky situations require not only legal understanding but also strategic planning, open communication and a dedication to obtaining a fair and equitable outcome.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=492002024-01-24T15:34:24Z2024-01-24T15:34:24ZEquitable distribution applies to memberships
Despite its unusual nature, memberships the spouses acquire during the marriage, just like other real and personal property, follow Kentucky’s rules of equitable division, which means they are divided fairly and equitably between the spouses.
When deciding what is fair and equitable, courts consider several factors such as each spouse's economic circumstances, contributions to the marital property, the length of the marriage and the standard of living during the union. Equitable does not necessarily mean equal, but rather what is fair based on the circumstances.
Ways to distribute such asset
After a proper valuation of a membership, the court or spouses can divide them in various ways. For one, one spouse may get the full membership while the other may receive other assets of the same value. This often happens when one spouse has a greater attachment to the membership. Moreover, one spouse may buy the other’s share of the membership value and have full ownership. It is also possible for the spouses to simply sell the membership and split the proceeds between them. Ultimately, the appropriate distribution method will depend on the unique circumstances of each case.
Whether you are resolving the division of your marital assets in court or private settlement, such as mediation, it is essential to understand how your state’s laws affect the division of your assets, including memberships, so you can make informed decisions to protect your property rights.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=491992024-01-17T10:09:17Z2024-01-17T10:09:17Zall relevant factors to determine what arrangement serves the child’s best interests.
The rights of unmarried fathers
When a child is born to unmarried parents in Kentucky, the father does not automatically have legal rights to the child. To establish these rights, the father must first establish paternity. Here are the two ways to establish paternity:
A voluntary acknowledgment if both parents agree
A court order
Once paternity is legally recognized, a father gains the right to seek custody or visitation and bears the responsibility of supporting the child financially.
Establishing paternity is not just about the label or making the relationship official. It is a crucial step that can enhance a father’s relationship with his child. It creates a legal bond between father and child and sets the stage for the father’s involvement in important decisions regarding the child's upbringing, education and welfare.
The rights of married fathers going through a divorce
For fathers who are divorcing, it is important to understand that Kentucky courts consider joint custody as a viable option that promotes the welfare of the child. Fathers should not shy away from requesting joint or even full custody if they believe it is in their child’s best interest. It is their right as a parent. The court will evaluate the father’s relationship with the child, his involvement in the child’s life and his ability to provide a stable and nurturing environment.
Fathers in Kentucky have the right to be active and engaged parents. Whether through amicable agreements or legal proceedings, the goal is to secure a future where the child thrives under the care and love of both parents.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=491972024-01-02T13:55:09Z2024-01-02T13:55:09ZSole versus joint in physical custody
Physical custody pertains to the residence and daily care of a child.
If the court awards shared physical custody, the child takes turns living with each parent. In these cases, the usual setup is for one parent to physically care for their child for half a week and relinquish these duties to the other parent for the other half. Nonetheless, other schedules are possible depending on the unique circumstances of each case.
If the court awards sole custody to one parent, then only they have the right to live with the child. However, courts usually allow the other parent visitation rights.
In both cases, the court provides the parenting time and visitation schedules and terms, if the parents cannot agree on their own.
Sole versus joint in legal custody
Legal custody refers to parents’ right to make important life decisions about their child, such as those involving the child’s education, healthcare and religion.
In Kentucky, courts initially presume that joint legal custody is best for the child’s well-being, allowing both parents to have an active role in furthering the child’s growth and development. However, if the court finds that a parent is unfit to make these decisions, such as those dealing with substance abuse disorders, then it can award sole custody to the other parent, as long as they are fit.
The importance of navigating custody laws
Understanding child custody laws—from sole to joint legal and physical custody—is essential for parents preparing a new chapter for their family. By prioritizing the child's well-being, parents, with the guidance of the courts and legal aids, can achieve balanced and fair custody outcomes.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=491962023-12-27T12:19:01Z2023-12-27T12:19:01Zresolve your divorce, you may find these tips helpful as you work with both your attorney and a neutral third-party mediator.
Prepare before the first session
Preparation is the key to mediation. It's best if you know exactly what options you have. For example, knowing the list of assets and debts that are part of property division is beneficial so you know what you want to try to walk away with in the process and what you’re willing to give up to achieve your goals.
Keep emotions out of the process
Divorce mediation isn’t a time to let your emotions rule. Instead, you need to consider everything logically so you can make the decisions that are in your best interests. Be sure you think about your financial situation when you’re trying to decide what you need for property division. When it comes to your children, take the time to focus on what’s best for them.
Set clear goals and share them with your team
You should go into each mediation session with clear goals. This doesn’t mean that you should stand firm on everything going your way. Instead, your goals should encompass things that enable you to keep the mediation process moving forward with each session toward your broader aims.
Negotiate and compromise
Negotiations and compromises are the foundations of mediation. The chance that you and your ex will both get exactly what you want is unlikely. You have to decide what’s truly important for you to focus on so you can keep your efforts focused.
Seeking legal guidance and support throughout the process is important. An attorney can help you to achieve a favorable outcome during mediation, which is important as so much is at stake.]]>On Behalf of Lisa L. Johnson, Attorney at Lawhttps://www.ljohnsonfamilylaw.com/?p=491952023-12-19T09:43:23Z2023-12-19T09:43:23ZIn relation to the equitable distribution rule
Kentucky follows the equitable distribution rule during property division, which means divorce courts divide marital assets between spouses fairly and equitably. This also applies to agreements made through private settlements since courts will still review and approve them to ensure fairness.
As long as offsetting properties against each other does not obstruct an equitable distribution, courts can allow it.
Considering accurate valuation of assets
To offset properties against each other, it is crucial to first obtain a precise valuation of the assets, such as businesses and real estate properties. For instance, if one spouse wants to solely keep a vacation home, they can offset only assets of equivalent value. This relates to the equitable distribution rule, which ensures fair and equitable division.
Other considerations
When offsetting properties in a divorce, multiple factors are in play. Depending on the involved assets and the case facts, parties have to consider tax implications and future property value appreciation or depreciation.
Dealing with high-asset divorce and property division can be overwhelming, especially when your rights and future are in line. It is recommended to seek legal advice from a professional who is familiar with federal and state laws to review your situation and available options.]]>