Lisa L. Johnson, Attorney at Law Lisa L. Johnson, Attorney at Law | Lexington KY Family Law 2026-09-05T13:29:08Z 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[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.]]> 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.]]>