Appendix B Daviess Circuit Court Timesharing/Visitation Guidelines
Baldwin's Kentucky Revised Statutes Annotated6th Judicial Circuit - Daviess Circuit Court
KY RDCC App. B
Appendix B Daviess Circuit Court Timesharing/Visitation Guidelines
The following guidelines shall be instituted by the Courts of Daviess County in domestic cases where parenting time is at issue. 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 scheduled established by the court or agreed to by the parents may or may not be what these guidelines set forth.
In the event either parent will be more than 30 minutes late to pick up or drop off the child(ren), he or she shall provide notice to the other parent and make suitable arrangements for the exchange of the child(ren). Where the residential parent is responsible for the loss of a non-residential parent's parenting time, the loss of parenting time shall be made up at the next regularly scheduled parenting time. Where the non-residential parent is responsible for the delay, that parent shall forfeit that scheduled parenting time unless the residential parent otherwise agrees.
If the child(ren) is ill, the residential parent should give 24-hour notice, if possible, so appropriate plans can be made. The non-residential parent shall give 24-hour notice to cancel. Any time cancelled by the non-residential parent is forfeited. Time lost for the child(ren)'s illness shall be made up. However, the non-residential parent may opt to keep the scheduled parenting time to parent and care for the ill child(ren).
If either parent intends to move from the Commonwealth of Kentucky to another state or more than one hundred (100) miles from the present residence of the child(ren), he or she shall provide written notice to the other parent and file same with the court at least sixty (60) days prior to such move. Either party may file a motion with the court to modify existing orders relative to the child(ren).
Both parents are ordered not to transport the child(ren) at any time they are under the influence of alcohol or drugs, and are not to use illegal drugs within twenty-four (24) hours of, or during, any parenting time.
C. To keep the other parent advised as to current residential address, business address, email address, telephone numbers for home, work, mobile, fax and page for the purpose of notification unless otherwise ordered by the court. In the event that an emergency protective order or domestic violence order is entered by any court, third party contact information must be available to both parents.
Rules for shared parenting/parenting time: Each parent is under an affirmative duty to foster the love and affection of the child(ren) for the other parent. Neither parent shall do or say anything that would interfere with the love and affection of the child(ren) for the other parent. Neither parent shall allow third parties to do or say anything to or in the presence of the child(ren) that would interfere with the love and affection of the child(ren) for the other parent. In addition to these general duties, neither parent shall:
A) have the child(ren) deliver money or messages from one parent to the other parent and thus place the child(ren) in the middle.
B) Ask the child(ren) to keep a secret from the other parent and, in effect, teach the child(ren) to lie.
C) Quiz the child(ren) about what is going on at the other parents' home and thus turn the child(ren) into a spy.
D) Say unkind things about the other parent to the child(ren) or in the presence of the child(ren).
E) Try to conduct parental business when exchanging the child(ren) for shared parenting/parenting time.
F) Make any threats or start arguments with the other parent when exchanging the chid(ren) for shared parenting/parenting time.
G) Ask a/the child(ren) directly or subtly, “Which of us do you really want to be with?” and thus place the burden on the child(ren).
H) Allow a/the child(ren) to take control of parenting time whenever he or she wants to do so.
I) Have the child(ren) refer to a future stepparent as “mother” or “father”.
J) Eavesdrop on or interrupt the child(ren)'s telephone conversation with the other parent.
K) Discuss court proceedings with the child(ren) or attempt to influence the child(ren)'s testimony.
L) Not schedule or enroll child(ren) in activities which affect parenting time without first consulting and obtaining written consent of the other parent.
Violation of these rules may affect or limit a parent's right to parenting time or shared parenting and/or subject to sanctions of the court.
Weekend Parenting Time
The non-residential parent shall be entitled to a minimum of every other weekend as parenting time with the child(ren). Weekends shall begin on Friday at 6:00 p.m. and shall continue until Sunday at 6:00 p.m. unless otherwise agreed to by the parties or there are extenuating circumstances relating to the child(ren) which warrant a deviation.
Mid-week Parenting Time
Unless otherwise agreed by the parties, the non-residential parent shall be entitled to parenting time during the week on Tuesday beginning at 6:00 p. m., until Wednesday at 8:00 a.m. or when school starts, whichever is earlier, when the child(ren) shall be delivered to child care or school.
Holiday Parenting Time
Holidays of importance to the parties should be divided between the parents pursuant to a mutually agreeable schedule. In the even there is no agreement, then the following shall apply:
In odd-numbered years the non-residential parent shall be entitled to parenting time on the holidays in the left column and the residential parent shall be entitled to parenting time on the holidays in the right column above.
In the even-numbered years the residential parent shall be entitled to parenting time on the holidays in the left column above and the non-residential parent shall be entitled to parenting time on the holidays in the right column above.
Parenting time on these days shall be from 8:00 a.m. until 6:00 p.m., unless it is a school day, in which case parenting time shall be from 5:00 p. m. until 8:00 p.m. that same evening.
* If Easter falls on the weekend before Spring Break the parent entitled to parenting time during Spring Break shall be entitled to parenting time for Easter.
The non-residential parent shall be entitled to parenting time beginning 6:00 p.m. the day school ends for the Thanksgiving holiday until 3:00 p.m. Thanksgiving Day in every even-numbered year; and, from 3:00 p.m. Thanksgiving Day until 6:00 p.m. the day before school begins after the holiday every odd-numbered year.
The residential parent shall be entitled to parenting time beginning 6:00 p.m. the day school ends for the Thanksgiving holiday until 3:00 p.m. Thanksgiving Day in every odd-numbered year; and, from 3:00 p.m. Thanksgiving Day until 6:00 p.m. the day before school begins after the holiday every even-numbered year.
The non-residential parent shall be entitled to parenting time beginning 6:00 p.m. the day school ends for the Christmas holiday until 12:00 noon on December 25th in every odd-numbered year, and from 12:00 noon on December 25th until 8:00 a.m. on January 1st in every even-numbered year.
The residential parent shall be entitled to parenting time beginning 6:00 p.m. the day school ends for the Christmas holiday until 12:00 noon on December 25th in every even-numbered year, and from 12:00 noon on December 25th until 8:00 a.m. on January 1st in every odd-numbered year.
Regardless of any apparent conflict herein, the father shall have the child(ren) on Father's Day. The mother shall have the child(ren) on mother's day. Those parenting times shall be from 8:00 a.m. to 6:00 p.m.
Both parties shall be allowed an opportunity to have the child(ren) for the child(ren)'s birthday. The child(ren) shall celebrate their birthdays in the home of the residential parent, unless it falls within the regularly scheduled parenting time of the non-residential parent. In the event the non-residential parent does not have the child(ren) on their birthday, an additional, non-scheduled parenting time from 8:00 a.m. until 6:00 p.m., unless it is a school day in which case it shall be 5:00 p.m. until 8:00 p.m. , shall be granted so that the non-residential parent may celebrate the child(ren)'s birthday.
School Break Parenting Time
In odd-numbered years, the non-residential parent shall be entitled to parenting time from 6:00 p.m. on the day school ends for the break until 6:00 p.m. the following Friday, at which time the residential parent shall be entitled to parenting time until 6:00 p.m. on the Sunday before the child(ren) will return to school. In even-numbered years this parenting time shall be reserved.
If the school calendar provides for more or less than two weeks of fall break, or if the child(ren) is/are required to attend (or does attend) extended school during any part of this break, the time remaining (including weekends) shall be equally divided between the parties with the non-residential parent being entitled to parenting time during the first one-half of that period in odd-numbered years and the residential parent being entitled to parenting time during the first one-half of that period in even-numbered years.
In odd-numbered years, the non-residential parent shall be entitled to parenting time from 6:00 p.m. on the day school ends for the break until 6:00 p.m. the following Friday, at which time the residential parent shall be entitled to parenting time until 6:00 p.m. on the Sunday before the child(ren) will return to school. In even numbered years this parenting time shall be reversed.
If the school calendar provides for more or less than two weeks of spring break, or if the child(ren) is/are required to attend (or does attend) extended school during any part of this break, the time remaining (including weekends) shall be equally divided between the parties with the non-residential parent being entitled to parenting time during the first one-half of that period in odd-numbered years and the residential parent being entitled to parenting time during that first one-half of that period in even-numbered years.
Each parent shall be entitled to parenting time of two (2) periods of two (2) consecutive weeks (14 consecutive days). Each parent shall give the other parent at least 60 days written notice of his or her vacation schedule to that both parents have an opportunity to have the child(ren) during their vacations.
No summer parenting time shall interfere with the child(ren)'s attendance at summer school if necessary for the child(ren) to pass to the next grade.sar
Credits
HISTORY: Adopted effective March 22, 2012.
Daviess Circuit Court App. B, KY R DAVIESS CIR 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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