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Appendix B Timesharing and Visitation Guidelines

Baldwin's Kentucky Revised Statutes Annotated45th Judicial Circuit and District - Mclean and Muhlenberg Family Court

Baldwin's Kentucky Revised Statutes Annotated
45th Judicial Circuit and District - Mclean and Muhlenberg Family Court
KY RMMF App. B
AppendixB Timesharing and Visitation Guidelines
The following schedules are suggested as guidelines for the parents and the court in establishing time-sharing/visitation schedules when the court has determined equal timesharing to be contrary to the child's best interests. 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.
1. Terms. As used herein, the term “visitation” is synonymous with “time-sharing” and like terms. The term “custodial parent” is synonymous with “primary residential parent” and like terms, and the term “non-custodial parent” is synonymous with “non-primary residential parent” and like terms.
2. Visitation Periods. Except as otherwise provided herein, the non-custodial parent shall have visitation with the child as follows:
a. Weekends. The non-custodial parent shall have visitation with the child on the first, third, and fifth Friday of each month (except during the months of June and July), beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. the following Sunday. During the regular school term, if a weekend period of visitation begins on a Friday when school is not in session, that weekend period of visitation shall begin at 6:00 p.m. on the Thursday immediately preceding said Friday. Likewise, during the regular school term, if a weekend period of visitation is immediately followed by a Monday when school is not in session, that period of weekend visitation shall end at 6:00 p.m. on said Monday.
b. Thursdays. Except during the months of June and July, the non-custodial parent shall have visitation with the child on Thursday of each week that the non-custodial parent is not entitled to weekend visitation. On such Thursdays, visitation shall begin at 5:00 p.m. and end at 8:00 p.m.
c. Christmas Holidays. In even-numbered years, the non-custodial parent shall have visitation with the child beginning at 9:00 p.m. on December 24, and ending at 6:00 p.m. on the day before the child's school resumes after the Christmas school vacation. In odd-numbered years, the non-custodial parent shall have visitation with the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at 9:00 p.m. on December 24.
d. Thanksgiving Holidays. In odd-numbered years, the non-custodial parent shall have visitation with the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. the day before the child resumes school after the Thanksgiving holiday.
e. Spring Breaks and Fall Breaks. In even-numbered years, the non-custodial parent shall have visitation with the child beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring and fall breaks and ending at 6:00 p.m. the day before school resumes after each of those breaks. If the school does not declare a spring break or fall break during a given even-numbered year, the non-custodial parent shall be entitled to exercise a spring and fall break during the months of March and October of that year upon 14 days advance written notice to the other parent, provided that each visitation period shall be for 7 consecutive days beginning at 6:00 p.m. on a Monday and ending at 6:00 p.m. on the following Sunday.
f. Extended Summer Visitation. The non-custodial parent shall not exercise the weekend and Thursday visitation identified above during the months of June and July. Instead, the non-custodial parent shall be entitled to exercise visitation with the child for 30 days during June and July. The non-custodial parent shall exercise these 30 days of “extended summer visitation” with the child in two separate 15 day periods. If the non-custodial parent provides written notice to the custodial parent by April 1, then the non-custodial parent may designate the two time periods within which to exercise the extended summer visitation, provided, however, that the two separate 15 day periods shall be separated with a period of at least 5 days in between them. If the non-custodial parent fails to provide written notice to the custodial parent by April 1, the non-custodial parent shall have extended summer visitation with the child from 6:00 p.m. June 15 to 6:00 p.m. June 30, and also from 6:00 p.m. July 10 to 6:00 p.m. July 25.
g. Father's Day and Mother's Day. Regardless of any rule contained herein to the contrary, the child shall spend Mother's Day with his or her mother from 9:00 a.m. to 6:00 p.m., and shall likewise spend Father's Day with his or her father from 9:00 a.m. to 6:00 p.m. In such instances and unless otherwise agreed to by the parents, the parent entitled to possession of the child pursuant to this rule shall pick up the child from the other parent's residence and return the child to that parent's residence at the conclusion of the nine hour period.
h. Child's Birthday. A custodial parent or non-custodial parent, who is not, pursuant to these rules, otherwise entitled to possession of the child on the child's birthday, shall have possession of the child for a three hour period on the child's birthday, beginning at 5:00 p.m. and ending at 8:00 p.m. Unless otherwise agreed to by the parents, the parent entitled to possession of the child pursuant to this rule shall pick the child up from the other parent's residence and return the child to that parent's residence at the conclusion of the three hour period.
3. Children Under Age 5. All rules set forth herein shall apply for children of all ages, except as modified below for children under five (5) years of age:
a. Christmas Holidays. In even-numbered years, the non-custodial parent shall exercise visitation with the child beginning at 6:00 p.m. on December 20 and ending at 8:00 p.m. on December 24. In odd-numbered years, the non-custodial parent shall exercise visitation with the child beginning at 8:00 p.m. on December 24 and ending at 6:00 p.m. on December 30.
b. Spring Breaks and Fall breaks. In even-numbered years, the non-custodial parent shall be entitled to exercise a four day spring break visit and a four day fall break visit with the child during the months of March and October, respectively, so long as the non-custodial parent provides to the custodial parent, 14 days in advance, written notice setting out the dates and times said visitation shall be exercised. These four day visits shall not immediately precede or follow a weekend visitation period. If the non-custodial parent fails to provide written notice as required herein, the spring and fall break visitation periods shall be deemed forfeited.
c. Extended Summer Visitation. The weekend and Thursday visitation periods identified above shall not apply during the months of June and July. Instead, the non-custodial parent shall be entitled to exercise “extended summer visitation” with the child for a 20-day period during June and July. This 20-day period shall be exercised in four-day increments with the requirement that the child be returned to the custodial parent's residence for four intervening periods. By April 1, the non-custodial parent shall provide to the custodial parent written notice setting out dates and times said visitation shall be exercised. If the non-custodial parent fails to so notify the custodial parent, extended summer visitation shall be deemed forfeited; however, the non-custodial parent shall, in that event, be entitled to exercise the aforementioned weekend and Thursday visitation periods.
4. Miscellaneous. Unless otherwise ordered by the Court or agreed to by the parents, the non-custodial parent shall pick the child up at the custodial parent's residence at the commencement of the visitation period and the custodial parent shall pick the child up at the non-custodial parent's residence at the end of the visitation period. In no event shall the child and custodial parent have a duty to await the non-custodial parent for more than 30 minutes from the appointed pick-up time. A non-custodial parent more than 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 any intoxicants.

Credits

HISTORY: Amended effective October 13, 2023. Adopted effective April 2, 2012.
McClean and Muhlenberg Family Court App. B, KY R MCLEAN FAM 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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