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Appendix 3

Baldwin's Kentucky Revised Statutes Annotated4th Judicial Circuit - Hopkins Family Court

Baldwin's Kentucky Revised Statutes Annotated
4th Judicial Circuit - Hopkins Family Court
Appendices
KY RHOPF App. 3
Appendix 3
Timesharing Code of Conduct
Visitation as a Shared Experience. It is intended that timesharing be a shared experience for siblings. Therefore, unless otherwise excepted, all children shall participate in the visitation periods. It is recognized that the ages of the children, or the activities or illnesses of the children may occasionally prohibit this.
Child's Participation and Activities. The parties shall not defer solely to the child's decision whether visitation shall be exercised or shortened. The parents may consult the child, but shall not be bound by the child's wishes and shall not give the child that impression.
Timesharing with the non-residential party takes precedence over extracurricular activities when the visitation cannot be reasonably scheduled so as not to conflict with these events. The non-residential party shall be permitted to participate and attend the child's activities and shall meet the parental responsibilities (transportation when the child is in his or her care, supervision, booster work, etc.) that accompany those activities.
The residential parent shall not arrange for excessive activities that interfere with or prohibit the child from spending meaningful time with the other party.
Negative Conduct. All parties shall refrain from speaking negatively about each other in the presence of the children or within earshot of the children and shall ensure that other persons likewise refrain. Parties shall not attempt to negatively impact the child's relationship with the other party and shall not request that the children choose one party over another. Parties shall not interrogate the children regarding the activities or actions of another party. No party shall discuss (or enable third persons to discuss) with the child the issues of custody, modification of custody, child support, or timesharing unless all parties have so agreed.
No party shall deny the child access to another party and shall not threaten to do so as a method of disciplining the child.
Communication Between Parties. Parties shall keep each other advised of current home and employment addresses and telephone numbers at which they (and the child when in their care) can be reached. Parties shall refrain from communicating or contacting each other at places of employment unless specifically prearranged or in the event of an emergency.
The party who receives the child's academic reports, school notices, and medical reports shall provide the other party access to these reports and shall advise the other party of their existence. Each party shall advise the other of the child's extra-curricular activities, schedules, school photos, school programs, and any related activities. The parties shall not require the child to deliver these messages and shall not depend upon the child to advise the other party.
Daily Routines. Parties should coordinate plans for bedtimes, homework schedules, and other household rules as much as possible. Each party shall ensure that, when the child is in his or her care, homework assignments are completed and schedules are met. The parties shall discuss and attempt to agree upon how discipline will be consistently administered and what actions require discipline. The parties shall strive to ensure consistency in the child's routines and discipline.
Relocation. Relocation requirements are specifically addressed in the Kentucky Civil Rules, FCRPP III, 7(2). The parties shall abide by these requirements.
Medical Treatment and Insurance. If the child has been prescribed medications or treatments, the residential party shall provide a sufficient amount of medication, any necessary medical equipment, and appropriate instructions for each visit.
Each party shall, as soon as possible, notify the other party of any medical emergency or serious illness of the child. Elective medical procedures shall only be performed after both parties have been afforded the opportunity to discuss the options with the referring professional. Each party shall be given adequate information to weigh the benefits and the risks of each choice. Should one party learn that the child is in need of psychotherapy or counseling that information shall be given to the other party. Both parties shall be afforded the opportunity to discuss this option with the referring professionals.
The party who has secured healthcare insurance for the child shall promptly supply insurance forms, a listing of approved healthcare providers, and the procedures for using the health insurance to the other party. The party who, except in an emergency, takes the child to a provider who is not approved or qualified under the insurance plan shall bear the additional costs thus created. When one party is obligated to pay part or all of the child's medical expenses, the billings shall be promptly furnished to the obligated party.
Religious Training. Each parent is entitled to choose and follow his or her own religious beliefs and further, to teach those beliefs to the child. Each party shall provide the other with information concerning any religious training or teaching in which the child has been formally enrolled, and shall provide the place of worship to the other party.
Clothing. The residential party shall send an appropriate supply of clean clothing for the child for use during the non-residential party's time. This clothing shall be returned with the child, clean and in good repair (when reasonably possible). The non-residential party shall advise the other party of any special activities or events that may be scheduled; the residential party shall ensure that the type and amount of clothing sent with the child is appropriate for these events and activities.
Necessary Food, Supplies, and Hygiene. Each party shall be responsible for providing the food and supplies that are necessary for the child during the time the child is in his or her care. Both parties shall ensure that the child is properly bathed, groomed, and fed during the time the child is in his or her care. Each party shall maintain adequate food and supplies for the child. These include, but are not limited to, an age-appropriate bed, linens, diapers, wipes, bottles, formula, humidifiers, shampoo, soap, lotion, diaper cream, toys, books, thermometer, over-the-counter medications and first-aid supplies.
Transportation. Unless otherwise agreed or ordered by the Court, the parties shall share the costs of transportation in the same proportion as they bear the total child support obligation.
Whoever transports the child shall hold a valid operator's license and shall exercise utmost caution. The child shall be secured in age-appropriate restraints, including car seats, booster seats, and seat belts when riding in an automobile.
Privacy of Residence. No party shall enter the other's residence without express invitation. Unless otherwise agreed or ordered, the children shall begin and end the timesharing periods at the front entrance of the parties' residences.
Intoxicants. No party shall relinquish the child to anyone, including a party, who is under the influence of any intoxicant.
Cancellation and Duty to Wait. The child and the residential party have no duty to wait for the visiting party more than 30 minutes from the appointed start time of the period. A party more than 30 minutes late to begin a timesharing period shall forfeit that period, excepting emergencies.
Notice of Intent or Inability to Exercise Timesharing. If at all possible, the non-residential party shall give a minimum of 3 days' notice of his or her intent NOT to exercise all or part of a scheduled period. When such notice is not reasonably possible, the maximum notice permitted by the circumstances shall be given. The residential party shall likewise provide notice, when good cause exists that necessitates cancellation or modification of a scheduled period.
If a scheduled period cannot occur due to illness or other good cause, a substituted and mutually agreeable timesharing period shall be arranged and shall occur as quickly as possible.
Child Support. Unless a court order otherwise provides, child support obligations continue through all timesharing periods. Child support and timesharing are mutually exclusive. Neither timesharing, nor child support, may be withheld because of the other party's failure to comply with a court order.
Childcare. Where possible, the parties are encouraged to provide childcare for each other to both lessen the costs and to provide the child with more time with both parties.

Credits

HISTORY: Adopted effective April 5, 2012.
Hopkins Family Court App. 3, KY R HOPKINS FAM CT App. 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document