Child Custody & Support

Louisville Child Custody and Child Support Lawyers

Going through a divorce, the most difficult and heart wrenching decisions revolve around child custody. Many questions abound: how will the divorce impact the child? How will the parent's relationship with the child's relationship be affected by the divorce? With whom will the child live? What about shared parenting time, time sharing, adequate bonding opportunities with infants and toddlers?

property

We understand the importance you placed on the relationship you have with your children and we are committed to helping our clients obtain custody solutions that enable them to enjoy significant relationships with their children.

To schedule an initial consultation at reduced rates about a child custody or parenting time matter, contact Pearson & Paris, P.S.C., in Louisville, Kentucky.

Creative custody and parenting time solutions.

In making custody determinations, the judge will be guided by what is "in the best interests of the child." Although this term is undefined, the court looks to a number of factors to determine the "best interest" such as (1) the wishes of the parents or any de facto custodian, (2) the wishes of the child, (3) the child's interactions with the immediate family and significant others who affect the child's best interests, (4) the child's adjustment to his or her school, community, and home, and (5) the mental and physical health of all individuals involved in the child's life. The judge could even consider any evidence of domestic violence, or alcohol or substance abuse.

Child Custody Disputes

Over the years, we have found that negotiation can produce custody and parenting time solutions that are practical and beneficial to parents and children. Such solutions can reduce emotional conflicts and lay the groundwork for future cooperation in child-rearing duties. They recognize the unique characters and needs of all involved

However, it is not unusual for such disputes to become heated. Unfortunately, we have seen a disturbing trend of parents resorting to terrible tactics in order to manipulate the situation to their advantage. They may even make false allegations of child abuse. Our attorneys will not tolerate these tactics.

As an aggressive law firm that also handles criminal defense matters, we know how to fight cheap tactics that may be used by deceitful parties in child custody cases. This is a challenge we are ready to take on.

Child Support

In general, both parents have a financial obligation of support to their minor children and either spouse may have a duty of support to the other spouse arising out of an agreement or Court Order.

Under Kentucky law, both parents must provide support for their children either through payment of a child support order or by direct payment of expenses such as housing, utilities, food, clothing and educational expenses. Further, the Commonwealth of Kentucky has set minimum payment standards (Child Support Guidelines) that utilize a formula based on the number of children for whom support is sought and the number of children from other relationships for which support is paid, the income of each parent, the costs of health insurance or other medical needs, and extraordinary expenses.

A parent who is voluntarily underemployed or unemployed may be deemed to have a higher income potential that what that parent is actually earning, and this higher imputed amount may be used to calculate the child support obligation.

When child support is not paid as ordered, we can resort to a number of remedies, such as wage assignments, garnishments, liens, and contempt of court proceedings.

Call us at 502-208-5170 in the Greater Louisville area and across the state of Kentucky.

Contact Our Firm in Louisville, Kentucky.

We serve clients throughout the greater Louisville area, to include Jefferson, Bullitt, Carroll, Hardin, Henry, Jefferson, Meade, Nelson, Oldham, Shelby, Spencer, Trimble and Washington Counties. We also serve clients in Crestwood, Buckner, Goshen, Prospect, and La Grange.

Each parent, by Colorado Law is responsible for parenting and supporting his or her children regardless of the relationship or lack thereof with the other parent. Thus, neither parent is granted "custody" of a child; rather, each is allocated a portion of the existing parental responsibilities when they do not share the same household as the other parent and/or the child. Such parental responsibilities generally fall into one of three categories: decision-making, parenting time, and support (discussed separately in the Support section below). All parental responsibilities should be directed at achieving what is in the child's best interest.

Parental decision-making consists of everything from the mundane to the crucial: bedtimes, playmates, discipline, sports, driver's licenses, educational choices, religious choices, medical decisions, etc. All parental decisions can be made by one parent alone, by parents acting jointly or by parents acting within specific arenas. Obviously, the mundane should probably be left to the authority of the parent with whom the child(ren) are physically present when a decision is necessary, but the crucial decisions may be allocated in different ways depending upon parental cooperation, expertise in a particular area or existing decision-making patterns.

Parenting time is the designation of when the child will spend time with each parent. Colorado law presumes that it is in the child's best interest to spend time with each parent so that a strong showing of endangerment to the child's physical health or a significant impairment to the child's emotional health is necessary to preclude a child from having time with either or both parents. Since each child, and each family is unique, the determination of what specific schedule of parenting time serves each child's best interest depends upon an agreement of the parents and/or the decision by a judge/arbitrator. Schedules vary based upon, among other factors, the maturity of the child; the child's relationship with each parent; child's educational, social, sports or activity commitments; the proximity of the parents, their individual involvement with the child, their wishes, their values, and their schedules; the child's wishes and relationships with siblings, peers and others of importance to the child; the mental and physical health of all involved; and whether either or both parents are able to encourage a relationship between the child and the other parent.

Siblings may have different parenting time schedules. Schedules may vary depending upon school breaks and holidays and schedules may change to accommodate a change in the child's circumstances or those of the parents. Where parents can consistently give priority to the child's interests, schedules can be fluid and flexible. Where one or both parents cannot make that commitment to the child, the imposition of a strict schedule is necessary to assure the child consistent contact with both parents.

When considering orders concerning children, the Court views them as persons who must be protected to the best of the Court's ability from the potentially damaging effects arising out of the separation of the parents. The Court therefore considers itself, by law, to be the child's third parent and is far more intrusive into the parenting process when parents cannot agree upon what that process will be for their child(ren).