Appendix B. District Court Standard Visitation Schedule
Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC App. B
Appendix B. District Court Standard Visitation Schedule
COMMONWEALTH OF KENTUCKY FIRST JUDICIAL DISTRICT
(Ballard, Carlisle, Fulton, Hickman Counties)
DISTRICT COURT STANDARD VISITATION SCHEDULE
INTRODUCTION:
The following shall be the Schedule of the First Judicial District for parental visitation in cases in which the District Court has original jurisdiction over the temporary custody of children (including cases arising on petition for emergency custody and/or temporary custody for dependency, neglect, or abuse; and for cases arising under the District Court's jurisdiction over paternity). This Schedule does not, and shall not be construed to, modify or supersede the visitation orders or schedule of a Circuit or Family Court; and shall not be cited or used to modify any existing order of a Circuit or Family Court establishing visitation rights, except as expressly and specifically authorized by Kentucky law (including proceedings under Kentucky Revised Statutes Chapters 620 to 640). The following schedule may not be cited as authority in any proceedings in a Circuit or Family Court, except to describe the visitation history for the child.
I. Presumption in Favor of Joint Custody and Equal Timesharing. KRS 403.270(2) creates a presumption favoring joint custody and equal timesharing between the parents of a child, or a person granted custody by the Court as a de facto custodian. This presumption is rebuttable by a preponderance of evidence that such presumed custody and timesharing would not be in the child's best interest. In the absence of a proper showing sufficient to satisfy this burden of proof, and after the Court considers all the factors in KRS 403.270(2), the Court will award the parents and/or de facto custodian joint custody with equal timesharing.
a. Option 1. Timesharing in alternating weeks, in which one party shall exercise timesharing with the child from Sunday at 2:00 p.m. through the following Sunday at 2:00 p.m. in one week, while the other person exercising timesharing shall have the child from that time until the next following Sunday at 2:00 p.m., and timesharing shall alternate in each 7-day period thereafter;
b. Option 2. Timesharing on a three-day/four-day, followed by a four-day/three-day schedule (3/4 then 4/3 in alternating weeks). One party shall exercise timesharing with the child from Monday at 8:00 a.m. through Thursday at 8:00 a.m. (which shall include in the first week; while the other party shall exercise timesharing with the child from Thursday at 8:00 a.m. through the following Monday at 8:00 a.m. In week two, the first party shall exercise timesharing from Monday at 8:00 a.m. through Friday at 8:00 a.m., then the second party shall exercise visitation from Friday at 8:00 a.m. through Monday at 8:00 a.m. This two-week schedule shall then repeat each two-week period thereafter on this 3/4 to 4/3 schedule;
II. Joint Custody with Other Than Equal Timesharing. If the presumption for joint custody with equal timesharing is not in the child's best interests, or alternatively in the first six (6) months of the child's life, the Court may award joint custody to the parties, including de facto custodians under KRS 403.270 and 403.280, utilizing the factors in KRS 403.270(2), as follows:
1. Primary custody shall be awarded to the person whose custody is supported by the Court's evaluation of the factors for the best interest of the child, which custody shall include timesharing at all times other than the visitation awarded to the other party seeking custody and visitation in 2, below;
2. Joint custody and visitation shall be awarded to the other party seeking to exercise timesharing on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m., beginning, unless circumstances warrant otherwise, on the weekend following the entry of the Court's order on custody/timesharing, and additionally, a visitation during the daylight hours on one week afternoon or evening for four (4) hours;
III. Court Timesharing Schedule--Superseding Timesharing Dates and Holidays. When an order for joint custody--whether equal timesharing, or primary custody with separate visitation -is entered by the District Court, if the parties are unable to agree to a division of holidays and other important or special dates, the parties' respective timesharing schedule shall be as follows:
3. Notwithstanding Sections I, II and III.1. above, both parties exercising custody/timesharing shall be allowed visitation time with the child on the child's birthday; and if they are not able to agree to exercise this birthday timesharing mutually, one party shall have the child from the child's waking time until 2:00 p.m. and the other party shall have the child from 2:00 p.m. until the child's normal bedtime, or 8:00 p.m., whichever is later.
4. Notwithstanding Sections I, II and III.1. above, the mother of the child, if a party awarded custody/timesharing, shall be entitled to have the child overnight on her birthday and Mother's Day; and the father of the child, if a party awarded custody/timesharing, shall be entitled to have the child overnight on his birthday and Father's Day.
5. All school breaks other than the holidays listed in Section III.1. above shall be divided equally between the parties awarded joint custody/timesharing; and if they are not able to reach a mutual agreement concerning the division of such times when school is not in session, those times shall be divided as follows:
iii. The parties shall divide the mid-year Christmas break so that the the party having the child for Christmas Eve shall have the child from the date the school term ends until Christmas Eve (up to but not exceeding five consecutive days), and the other party having the child on Christmas Day shall have the child from that day until the day before classes resume (not to exceed five consecutive days), and if either period before or after the Christmas holidays exceed five days, respectively, the regular visitation schedule in Sections I and II, above shall govern those extra days.
1. Each party exercising custody/timesharing shall be entitled to notice of all activities in which the child is enrolled, and to reasonable notice of any appointments for school or medical, dental, eyecare, or other health care, and to copies of any records thereof, unless otherwise restricted by the Court for good cause.
3. All motions or petitions for custody, visitation, or timesharing shall be accompanied by an affidavit setting forth with personal knowledge the factual basis for the filing, noticing a hearing date not less than seven (7) days after the date of the filing, which must be served upon the opposing party(s) at the time of filing. All motions must comply with the First District Court Local Rules (“1DCLR”) and the Kentucky Rules of Civil Procedure.
V. These are minimum standards for parental or custodial timesharing and they are not to be construed by any person to restrict or limit the parties from entering a written order approved and entered by the Court to provide additional or more liberal timesharing to any party, or to good faith informal and mutually agreeable augmented timesharing between parties after entry of a Court order. Likewise, the entry of a standard custody/timesharing order shall not preclude any party from seeking a modification of the awarded custody or timesharing if supported by good cause and consistent with Kentucky law and rules.
Fulton and Hickman District Court App. B, KY R FULTON HICKMAN DIST CT App. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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