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Rule III Domestic Relations Cases

Baldwin's Kentucky Revised Statutes Annotated28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Circuit Court
KY LPRC Rule III
Rule III Domestic Relations Cases
Currentness
A. Actions for Dissolution of Marriage, Child Custody, and Support
1. Proof in actions for dissolution of marriage, contested and uncontested, shall be by deposition. When child custody is in dispute the Court will personally hear the testimony of the parties regarding child custody. The Circuit Judge will hear (or read) the evidence in dissolution actions and render the findings of fact, conclusions of law, and decree, except on occasions when the convenience of the parties, or the Court requires the assignment of the case to a Domestic Relations Commissioner.
2. After completing the taking of proof, either party may move the Court for an order of submission. The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy. Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.
B. Matters to be Heard by the Domestic Relations Commissioner:
1. The Domestic Relations Commissioner will preside over hearings on motions for temporary child support, temporary child custody or visitation, temporary maintenance, temporary assignments of possession of material property, or other pendente lite relief except motions for restraining orders or injunctive relief and objections to jurisdiction or venue.
2. The Domestic Relations Commissioner will preside over hearings on post-judgment motions in domestic relations matters to enforce or modify a final decree of child support, custody, or visitation, and maintenance or disposition of marital property and contempt motions. The Domestic Relations Commissioner may make findings and recommendations on contempt charges, however, no incarceration shall be imposed except according to Civil Rule 53.03(3).
3. Petitions for adoption or termination of parental rights will not be referred to the Domestic Relations Commissioners.
4. Fees of the Domestic Relations Commissioner
Fees of the Domestic Relations Commissioner shall be assessed according to Part IV of the Administrative procedure of the Court of Justice, Section 4, of which provides:
For any hearing the commissioner shall receive a fee of $40.00 per hour, assessed at a rate of $10.00 for each quarter hour or part thereof. Such fees shall be paid through the office of the Circuit Court Clerk to the Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600.00 shall be assessed in any case regardless of the number and length of hearings, except that if a case is reopened additional fees totalling not more than $200.00 may be assessed. No more than $15.00 shall be assessed in any uncontested divorce.
5. Payment of fees and Scheduling of Hearings
a) In Pulaski Circuit Court, at the conclusion of each hearing, the Commissioner shall advise the parties of the amount of the hearing fee. Such fee shall be paid through the office of the Pulaski Circuit Court Clerk not later than the fifth working day following the conclusion of the hearing. Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Prior to the filing of a motion to be heard by the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for hearing of the motion. Counsel shall inform the Domestic Relations Commissioner of the anticipated length of the hearing. The time, date and place of the hearing shall be included in the notice served upon the opposing party. The Domestic Relations Commissioner shall schedule the hearing as soon as practicable but not later than two weeks after the filing of the motion, unless the parties agree to a later hearing and the urgency of the matter is not great.
b) In the Lincoln Circuit Court, the party filing the motion shall remit to the Clerk a payment of $20.00 toward the Domestic Relations Commissioner's fee. Additional fees will be assessed if the duration of the hearing exceeds one-half hour. If the matter is resolved without a hearing, the pre-paid fee shall be refunded. In no event shall the fee exceed the amount allowable by the Civil Rules and Rules of the Kentucky Supreme Court.
The motions for hearing before the Domestic Relations Commissioner in the Lincoln Circuit Court shall be set as follows:
Division I--Tuesday, ten days prior to the second Friday of each month;
Division II--Tuesday, ten days prior to the fourth Friday of each month.
When counsel expects that a hearing will exceed one hour in duration, the Domestic Relations Commissioner shall be notified so that a special hearing time can be arranged.
c) In Rockcastle Circuit Court, domestic relations cases shall be filed as any other civil motion.
6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.
If the matter to be heard is resolved prior to the time fixed for the hearing, the Domestic Relations Commissioner shall be notified immediately so that the time reserved for the hearing will be available to other litigants.
7. The Domestic Relations Commissioner shall provide for the recording of all hearings and may order the presentation of testimony, in whole or in part, to be by deposition or interrogatories.
8. Every party moving for temporary child support shall include a completed child support worksheet, consistent with the child support guidelines, and affidavits to support the data on same.
9. If the Domestic Relations Commissioner is disqualified to act in a particular case for any reason, the Court may hear the matter or appoint a special commissioner, qualified according to Civil Rule 53.03(2).
10. Typographical errors or ambiguities, or inadvertent omissions in the report of the Domestic Relations Commissioner should be brought to the attention of the Domestic Relations Commissioner prior to the filing of exceptions.
C. Visitation
The following visitation schedule is provided as a guide to what the Court considers to be standard reasonable visitation for parents who are not the primary residential custodian. It should be considered as a standard form from which to deviate deviate only when specific circumstances peculiar to the case render it inappropriate.
1. Every other weekend from 6:00 P.M. Friday, until 6:00 P.M. Sunday.
2. One evening each week from 6:00 P.M. to 8:00 A.M. the next morning. The child shall be returned to the other parent, or taken directly to school if school is in session. This shall be Wednesday evening unless the parties agree upon another day.
3. Five weeks each summer beginning June 15 with third weekend (6:00 P.M. Friday to 6:00 P.M. Sunday) visitation back to the primary resident parent.
4. Alternate children's birthdays--odd numbered years with the father and even numbered years with the mother.
5. Beginning 6:00 P.M., the day school ends for the Christmas holiday until 12:00 noon on December 25 every even numbered years, and from 12:00 noon on December 25 until 6:00 P.M., the day before school begins after the holiday every odd numbered year for the non-residential parent and the opposite for the residential parent. This has priority over any other visitation schedule.
6. Beginning 6:00 P.M., the day school gets out for the Thanksgiving holiday until 6:00 P.M. the day before school begins after the holiday every odd numbered year for the non-residential parent and the opposite schedule for the residential parent. This has priority over any other visitation schedule.
7. Memorial Day and Labor Day are celebrated on Mondays. Whoever has the children in their possession for that weekend shall keep the children for that holiday on Monday.
8. The children's spring school break every even year from 6:00 P.M. the day school ends for the break until 6:00 P.M. the day before school end after the break. The residential parent shall have the children during the entire spring break every odd numbered year with priority over any other visitation schedule.
9. Mother's Day each year with the mother and Father's Day with the father from 9:00 A.M. to 6:00 P.M. with priority over any other visitation schedule.
10. The mother's birthday each year with the mother and the father's birthday each year with the father with priority over any other visitation schedule.
11. The parent receiving visitation privileges shall notify the other parent of their intent to not exercise visitation 48 hours in advance of any visitation. Unless notified, the residential parent shall resume the visiting parent will exercise visitation in a timely manner.
12. The residence of the children shall not be removed from the Commonwealth of Kentucky without first obtaining a modified visitation order from the Court.
The parties may alter or amend this visitation schedule by mutual agreement. Unless agreed to, however, by the parties or otherwise ordered by the Court, this visitation schedule shall be followed by both parents.
D. Parental Conduct
Each parent is specifically ORDERED to obey the following rules for parental conduct. Each parent is under an affirmative duty to foster the love and affection of the child for the other parent, and neither parent shall:
1. Do nor say anything that will interfere with the love and affection of the child for the other parent.
2. Allow third parties to do or say anything to or in the presence of the child that will interfere with the love and affection of the child for the other parent.
3. Have the child deliver money or messages from one parent to the other and thus place the child in the middle.
4. Ask the child to keep a secret from the other parent and, in effect, teach the child to lie.
5. Quiz the child about what is going on at the other parent's home and thus turn the child into a spy.
6. Say unkind things about the other parent to the child or in the presence of the child.
7. Try to conduct parental business when exchanging the child for visitation.
8. Make any threats or start arguments with the other parent when exchanging the child for visitation.
9. Ask a child directly or subtly, “Which of us do you really want to be with,” and thus place the burden on the child.
10. Allow a child to take control of visitation whenever he or she wants to do so.
11. Have the child refer to a future stepparent as “mother” or “father”.
12. Eavesdrop on or interrupt the child's telephone conversations with the other parent.
Violation of these rules may effect or limit a parent's right to visitation or custody.

Credits

HISTORY: Amended effective March 9, 2001.
Lincoln, Pulaski and Rockcastle Circuit Court Rule III, KY R LINCOLN CIR CT Rule III
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document