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Appendix B Time-sharing/visitation guidelines

Baldwin's Kentucky Revised Statutes Annotated39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts

Baldwin's Kentucky Revised Statutes Annotated
39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts
KY BPWF App. B
Appendix B Time-sharing/visitation guidelines
Currentness
39TH CIRCUIT VISITATION/TIME-SHARING GUIDELINES
Time-sharing/visitation is for the child to do things with the parent with whom they do not normally reside. Parents are urged to teach their child skills and engage in activities that make the time rewarding, such as helping the child find friends in your neighborhood to make it more like home to them. The Family Court in the 39th Judicial Circuit encourages liberal time-sharing/visitation arrangements, as contact with both parents is important to the child(ren). Parents are free to agree, and are encouraged to agree, to additional time-sharing/visitation that is beneficial to the child and convenient for the parents. The Court may make changes or modifications to such arrangements if the need for such is shown.
In the event that parents cannot agree on the time and places of visitation, the Court will establish a time-sharing/visitation schedule based on the unique facts or circumstances of each case, with times set for time-sharing/visitation based on the time zone where the child primarily resides. The following guidelines shall not be used as a default, but rather establish the basis from which the parties or the Court establish a schedule. The temporary or final schedule adopted may or may not include some or all of these provisions.
VISITATION SHALL BE AT SUCH TIMES AND PLACES
AS THE PARTIES MAY AGREE
THIS WILL NOT NORMALLY BE LESS THAN:
For time-sharing/visitation times pertaining to school holidays, whether in a formal school or home-schooled, the school holidays where the children) primarily resides should apply. For the first full year after a divorce or custody proceeding has been filed, and alternating years thereafter, the parent exercising time-sharing/visitation should have no less than the following time-sharing/visitation schedule:
1. WEEKENDS: The parent exercising time-sharing/visitation should be given a minimum of every other weekend from Friday at 5:30 pm until Sunday at 6:00 pm, for all children 12 months of age or older and from 10:00 am until 6:00 pm on Saturday and Sunday, for all children less than 12 months of age. The non-residential parent exercising time-sharing/visitation should be responsible for timely picking up the child(ren) at the beginning of the time-sharing/visitation period and returning the child(ren) in a timely manner at the end of the time-sharing/visitation period to an exchange site ordered by the court or agreed to by the parents. Each parent should provide to the other parent, contact numbers and addresses, unless a domestic violence order is in effect) where the child(ren) can be located during their scheduled time-sharing/visitation time and agree on specific times for reasonable telephone communication.
2. MIDWEEK: The parent exercising time-sharing/visitation shall have one midweek time-sharing/visitation on Wednesday (or such other day as the parties may agree upon) from 5:30 until 8:30 p.m..
3. HOLIDAYS: The time-sharing/visitation schedule set out below for holidays, school breaks and summer breaks shall control over regular time-sharing/visitation periods, even if this allows successive time periods. These holiday schedules apply whether the children) is/are in formal school or home-schooling, and shall be based on the school holiday schedule where the child(ren) primarily resides:
a. If a holiday falls on a Monday following a parent's regularly scheduled timesharing/visitation, then that parent shall be allowed to their extend parenting time until 6:00 p.m. on the holiday unless the parents agree otherwise. Memorial Day and Labor Day attach to the preceding weekend.
b. In the first full year after the divorce or custody action and each alternate year thereafter, the non-residential parent should have holiday time-sharing/visitation scheduled as follows:
1. New Year's Day and July 4th, from 9:00 am until 6:00 pm
2. Thanksgiving break, beginning 6 pm the day school ends until 3 pm Thanksgiving Day.
3. Christmas/Winter Break, beginning at 6 pm the day school ends until noon on Christmas Day, December 25.
4. Other Holidays, not specifically listed above that are of special interest to the family, such as religious holidays, or national holidays, shall be assigned to the non-residential parent in time amounts similar to those in (1), (2) and (3) above & alternated each year between the parents.
c. Holiday time not scheduled above to the parent exercising time-sharing/visitation should be with the other parent.
d. Mother's Day and Father's Day, regardless of any conflict with the above schedule, shall be spent with the appropriate parent from 10:00 am until 7:30 pm
e. A holiday falling on a weekend shall be spent with the parent who would normally have the child(ren) for that holiday and the rest of the weekend shall be spent with the parent who would normally have that weekend. These do not have to be made up.
f. Alternating years: For each year thereafter, the time-sharing/visitation set out above should alternate between the parent with whom the child(ren) primarily resides and the parent exercising time-sharing/visitation.
4. FALL OR SPRING BREAK as allowed by the child(ren)'s school calendar, should be scheduled for the parent with whom the child(ren) primarily resides in the first full year after the divorce/custody proceedings are filed from 6:00 p.m. the day school ends until 6:00 p.m. the following Friday. If school breaks are longer than one week due to the school schedule, the parent with whom the child(ren) primarily resides should be scheduled for the first half of the break and the other parent should be scheduled for the last half.
5. SUMMER BREAK should be scheduled to allow the parent exercising time-sharing/visitation a minimum of two periods of two consecutive weeks during the summer break. Each parent should provide written notice of the time periods he or she desires to the other parent. The non-residential parent should provide the residential parent with written notice of the time periods he or she desires during summer break by May 1st. The residential parent should provide the non-residential parent exercising time-sharing/visitation with written notice of any vacation or special plans by May 1st. The parents should have resolved any scheduling conflicts by May 15th. If children must attend summer school in order to pass to the next grade, summer time-sharing/visitation should not prevent school time. If either parent plans a vacation with their child(ren) out of town, that parent should provide the other parent with a general vacation itinerary and with telephone contact numbers during the out of town vacation.
6. BIRTHDAYS: Unless the Birthday falls on a regularly scheduled time-sharing/visitation day, the parent exercising time-sharing/visitation shall have Birthday time from 5:00 pm until 8:00 pm. If the birthday falls on a regular time-sharing/visitation day the custodial parent shall have Birthday time from 5:00 pm until 8:00 pm.
7. WAITING/TARDINESS/CANCELLATIONS: The custodial parent and child(ren) have no duty to wait on the non-residential parent exercising time-sharing/visitation for more than 30 minutes.
a. A parent who is late forfeits that time-sharing/visitation period, unless he or she provided prior direct notice to the other parent.
b. If a parent will be more than 30 minutes late, due to reasonable unforeseen circumstances, he or she shall provide direct notice to the other parent or a designated 3rd party and make arrangements for the exchange of the child(ren).
c. If a time-sharing/visitation period is missed through no fault of the parent and reasonable notice was given, that time shall be made up.
d. If the child(ren) is/are ill, the parent who has the child(ren) shall give 24-hour notice, if possible, to the other parent to allow for an appropriate plan to be made. Time lost due to child(ren)'s illness shall be made up.
e. The non-residential parent exercising visitation/ time-sharing shall give 24-hour notice of cancellation of scheduled time-sharing/visitation periods, and cancelled times are forfeited.
f. A custodial parent, or acceptable representative, must be present at the return time to receive the child(ren).
8. TRANSPORTATION: The parents shall transport the child(ren) in a safe manner, which includes the use of an appropriate child restraint system and not driving under the influence of any intoxicants, including alcohol, illegal drugs or prescription medications. Please put the interests of your child first, and comply with the above provisions.

Credits

HISTORY: Adopted effective May 5, 2012.
Breathitt, Powell and Wolfe Family Court App. B, KY R BREATHITT FAM CT App. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document