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Appendix C

Baldwin's Kentucky Revised Statutes Annotated43rd Judicial Circuit - Barren and Metcalfe Family Court

Baldwin's Kentucky Revised Statutes Annotated
43rd Judicial Circuit - Barren and Metcalfe Family Court
KY RBARF App. C
Appendix C
Currentness
Shared Parenting / Visitation Schedule and Conditions
As delineated in FC 43 Rule 707, this schedule is suggested as guidelines for the parents and the court in establishing temporary or permanent time-sharing/visitation schedules. Each case will present unique facts or circumstances which shall be considered by the court in establishing a time-sharing/visitation schedule and the final schedule established by the court or agreed to by the parents may or may not be what these guidelines suggest.
A. General Conditions
1. Except as otherwise provided, in the event of conflict or inconsistency, any custodial or parenting time awarded for holidays or other special occasions shall have precedence over custodial or parenting time awarded for general occasions or for other days.
2. Each party exercising custodial control of the parties' child shall assure the child's timely transportation for participation in any and all of such child's regular school and organized academic, religious, athletic, cultural, or recreational extracurricular activities, all of which shall have precedence over the parent's exercise of custodial control of the parties' child.
B. The court may effectuate the requirements of FCRPP 8 by considering (1) the provisions of FCRPP Appendix A “Model Time-Sharing/Visitation Guidelines,” [hereinafter, “Appendix A,” in PLAN 1], or (2) the provisions of the following visitation schedule [hereinafter, “Primary Alternate,” in PLAN 2] or (3) any appropriate variation thereof; provided, however, that all times shall be the times in the time zone where the child primarily resides:
1. PLAN 1: “FCRPP Appendix A”
2. PLAN 2: “Primary Alternate”
The following visitation schedule shall be implemented (in which, as the context may require, the term “custodial parent” shall mean “primary residential parent” or “sole custodian,” and the term “non-custodial parent” shall include the parent other than the primary residential parent):
a. Alternate weekends from Friday evenings at 6:00 p.m. to Sunday evenings at 6:00 p.m.; Thursday evenings following the weekend visit from 5:30 p.m. to 7:30 p.m.
b. The children, and/or the custodial parent, have no duty to await the visiting parent for more than thirty (30) minutes of the visitation time. A parent more than thirty (30) minutes late shall forfeit that visitation period. The custodial parent has the right to refuse visitation if the non-custodial parent is under the influence of intoxicants or drugs.
c. (1) For the purpose of visitation, the following six (6) holidays shall be divided between the parents:
(A)
New Years Day
(B)
Martin Luther King Day
(C)
Easter
(D)
Memorial Day
(E)
July 4$th
(F)
Labor Day
(2) Other holidays of importance to the family shall also be divided between the parties, e.g.:
(A)
Purim
(D)
Alternate nights of Hanukkah
(B)
Second Night of Passover
beginning with the first night
(C)
Alternate nights of Hanukkah
(E)
Rosh Hashanah
beginning with the second
(F)
The first night of Passover
night
(G)
Simchas Torah
(3) In the odd-numbered years (e. g., 2011) the mother shall have the children on the left column holidays, and the father shall have the children on the right column holidays. In the even-numbered years (e. g., 2012) the father shall have the children on the left column holidays and the mother shall have the children on the right column holidays. Visitation shall be from 8:00 a.m. to 6:00 p.m., unless the child is in the school that day, in which case visitation shall be from 5:00 p.m. to 7:00 p.m.
d. (1) In the odd-numbered years (e. g., 2011) the mother shall have the children for the four (4) day Thanksgiving holiday, and in the even-numbered years (e. g., 2012) the father shall have the children for the four (4) day Thanksgiving holiday. Visitation shall begin at 9:00 a.m. Thursday morning and end at 7:30 p.m. Sunday evening. For children under the age of one (1) year, visitation shall begin at 9:00 a.m. Thursday and end at 7:30 p.m. Saturday. In the event that the child is not yet enrolled in school, the non-custodial parent shall have visitation with the child on alternating Thanksgiving holidays.
(2) Each year at Christmas the custodial parent shall have the children on Christmas Day and the non-custodial parent shall have the children from 1:00 p.m. to 9:00 p.m. on Christmas Eve. The non-custodial parent also shall have the children from December 26th through December 31st, provided the children are returned to the custodial parent not less than 24 hours before they are to resume school.
e. On Mother's Day and Father's Day, no matter whose turn for visitation, the children shall be with the appropriate parent on those days. Visitation shall be from 8:00 a.m. to 6:00 p.m.
f. A four-week (4) visitation each summer for children four years or older provided there shall be no continuous visitation of longer than two weeks at a time. For children age two (2) to four (4) years the non-custodial parent shall have two weeks visitation. For children between the ages of one (1) and two (2) there shall be one week of visitation. For a child under the age of one (1) the non-custodial parent may have visitation for three (3) days. Each party shall give the other party at least sixty (60) days notice of his or her vacation schedule so that both parties have an opportunity to have the children during his or her vacation from work.
g. The child shall celebrate his/her birthday in the home of the custodial parent, unless it falls on a visitation day. In the event the non-custodial parent does not have the child on his/her birthday, an additional, non-scheduled, visitation day shall be granted so that the non-custodial parent may give the child a birthday party, if desired.
h. (1) In alternating years, the non-custodial parent shall have the children for a week of any spring break which the children may have from school, provided the children are returned to the custodial parent no less than 24 hours before they are to resume school. Unless otherwise agreed, the first spring break vacation with the non-custodial parent shall be in the calendar year after the one in which the decree is granted. Should Easter fall during a spring break when the child is with the custodial parent and it is the non-custodial parent's turn to have visitation with the child for Easter vacation, then an additional, non-scheduled visitation day shall be granted to the non-custodial parent.
(2) During the fall break of each academic year (defined, normally, as the period during which school is in session from August through May of the next calendar year), the parent who does not exercise custodial control or supervision (or parenting time) of the child during the spring break of the next preceding academic year shall exercise custodial control or supervision (or parenting time) of the child in accordance with the same terms prescribed herein for spring break.
i. The non-custodial parent is required to secure the child in a child restraint system transporting the child, as provided in KRS 189.125 (3) or any amendments thereto.
j. Pursuant to FCRPP 7(2), the residence of the children is not to be removed from the State of Kentucky without first obtaining a modified visitation order from the court.

Credits

HISTORY: Adopted effective April 21, 2012.
Barren and Metcalfe Family Court App. C, KY R BARREN FAM CT App. C
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document