Appendix B Parenting and time-sharing/visitation guidelines
Baldwin's Kentucky Revised Statutes Annotated36th Judicial Circuit - Floyd, Knott, and Magoffin Family Court
KY RFKMFC App. B
Appendix B Parenting and time-sharing/visitation guidelines
FLOYD/KNOTT/MAGOFFIN FAMILY COURTS
PARENTING GUIDELINES AND
STANDARD VISITATION GUIDELINES
The following schedules are common sense guidelines for the parents and the court in establishing time-sharing/visitation schedules. Some of these guidelines are supported by law. 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.
VISITATION & CHILD SUPPORT
Both parents are reminded that parent/child access and child support, while they may be emotionally connected, are separate issues. The Kentucky Revised Statutes provide that visitation and child support payments are NOT reciprocal obligations. Kentucky law provides that parental access may not be denied due to failure to pay child support. It also provides that child support may not be withheld due to failure of the parent to allow access.
If visitation is denied for either reason, the child(ren) are the ones that are being punished for the neglectful behavior of the parent- NOT the parent. The parent must permit visitation and should attempt to resolve the child support issue through the appropriate legal steps.
INFORMATION
Both parents are entitled access to records and information on (i) the medical care of the child(ren) directly from the health care provider, as well as from the other parent, and (ii) all school records from the school, as well as from the other parent. Both parents should be designated as “parent” on all school and medical records unless specifically authorized not to do so.
DISCUSSION
Parents should not try to turn the child against the other parent by discussing, with the child(ren) the shortcomings of the other parent. If change of custody is an issue, then legal steps should be taken and you should explain to the child(ren) what the possibilities are but DO NOT turn it into a tug-of-war between the parents and child(ren). Parents should not make their child(ren) choose between them. This includes, but is not limited to, restraining from reading pleadings of the court to the children.
Parents should not question the child(ren) regarding the activities of the other parent and should never argue in front of the child(ren).
RESPONSIBILITY
Both parents have a responsibility to care for the child(ren)'s physical, emotional, mental and social needs.
Parents should share with each other their residence and work addresses and telephone numbers, unless there is good cause for not sharing this information. If parents do not share this information with each other, then a designated third party needs to be identified for the parents to share information.
Each parent should encourage the child(ren) to initiate telephone and/or mail contact with the other parent on a regular basis. A child also needs special time with their parents; therefore, parents are encouraged to spend some special “one-on-one” time with each child and encouragement should be given to spend time with the other parent. A child should not be left too often with relatives, new boyfriends, new girlfriends, or other persons.
Parents should not attempt to buy the favor of the child(ren) with presents, special treatment, special privileges or promises, although gifts to celebrate special occasions should be allowed by the other parent.
Parents should not make promises which cannot be kept.
Parents should coordinate plans regarding bedtime, homework schedule and other household rules as much as possible. Both parents should recognize that there are individual differences in how each child will parent during the time spent with the child. Both parents should also recognize that children benefit from consistency.
Parents should ensure that the child(ren) have proper clothing. The child(ren) should arrive with proper clothing and all clothing sent with the child(ren) should be returned with the child(ren).
Parents should have a valid driver's license if transporting the child(ren). If a parent is unable to transport, arrangements should be made to use a licensed driver. The child(ren) should be in the proper safety harness in the car according to the Kentucky Revised Statutes 198.125(2), i.e., care seat, booster chair, seat belt, etc. In the absence of an agreement regarding transportation, this duty and/or cost should be spilt between the parents.
NEITHER PARENT SHOULD BE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN THE PRESENCE OF THE CHILDREN.
A parent may refuse visitation if the other parent is under the influence of alcohol or drugs at the time the visitation is to occur.
PROMPTNESS
Parents should be prompt with child appointments. It is unfair to keep a child waiting, and worse, to disappoint the child by not showing up at all.
The child(ren), and/or the custodial parent, have no duty to wait on the visiting parent for more than 30 minutes after the scheduled visitation time. A parent more than 30 minutes late shall forfeit that visitation period.
If one parent is unable to meet at the designated time and/or place, immediate notice should be given to the other parent. If notice is given to the other parent, appropriate alternative arrangements should be made for the visitation, i.e. extended time, alternate day, etc.
STANDARD VISITATION GUIDELINES
Visitation shall be from 9:00 a.m. to 6:00 p.m., unless the child is in school that day. If so, visitation shall be from 5:00 p.m. to 7:30 p.m.
4. CHRISTMAS: Each year at Christmas the custodial parent shall have the child(ren) on Christmas Day and the non-custodial parent shall have the child(ren) from 1:00 p.m. until 7:00 p.m. Christmas Eve. The non-custodial parent shall have the child(ren) from 12:00 p.m. on December 26th through 12:00 p.m. December 31st, provided the child(ren) are returned to the custodial parent no less than 24 hrs before they are to resume school.
6. CHILD'S BIRTHDAY: The child shall celebrate his/her birthday with the custodial parent, unless his/her birthday 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 celebration if desired.
7. SPRING BREAK: In alternating years, the non-custodial parent shall have the child(ren) for a week of any spring break from school, provided the child(ren) are returned to the custodial parent not 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, then an additional, non-scheduled visitation day shall be granted to the non-custodial parent.
Children ages 2 to 4: 2 weeks summer visitation, one week at a time.
Children ages 1 to 2: 1 week summer visitation
Children under 1 year: 3 days summer visitation
In the event that there are children of varying ages, the age of the oldest child shall control the summer visitation schedule.
Each parent shall give the other parent at least 60 days notice of his/her vacation schedule so that both parents have an opportunity to have the child(ren) during his her vacation from work.
Credits
HISTORY: Adopted effective June 8, 2012.
Floyd, Knott, and Magoffin Family Court App. B, KY R FLOYD KNOTT MAGOFFIN 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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