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Appendix B Parenting and timesharing guidelines

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Family Court

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial Circuit - Fayette Family Court
KY RFFC App. B
Appendix B Parenting and timesharing guidelines
FAYETTE COUNTY FAMILY COURT MODELING PARENTING AND TIMESHARING GUIDELINES
The following are suggested as guidelines for parents and the court in establishing timesharing/visitation schedules. These may not be well suited to every set of circumstances and should be utilized as a starting point for discussion. Each case will present unique facts or circumstances which shall be considered by the parties and Court in establishing a timesharing schedule which may or may not be in accordance with these guidelines. No timesharing agreement is enforceable until it is Court Ordered.
GENERAL BEHAVIORAL GUIDELINES
Recognizing that certain behaviors have a detrimental effect on the child and on the co-parenting relationship. Parents shall not:
1. Say unkind or disrespectful things about the other parent or sibling[s] to, or in the presence of, the child[ren]. Or engage in other conduct that could interfere with the love and affection the child[ren] has for the other parent or sibling[s].
2. Ask the child(ren) to conduct parental business on behalf of either parent. This includes, but is not limited to, delivering money or messages from one parent to the other, thus placing the child[ren] in the middle. Parents shall attempt to conduct parental business themselves by phone, mail, e-mail, or at scheduled times consistent with any applicable court orders.
3. Ask the child[ren] to keep a secret from the other parent or siblings as this creates stress for the child[ren] and undermines the child[ren]'s relationship between the parents and other family members, which may cause loyalty and emotional issues for the child[ren].
4. Extensively questioning the child about events and activities at the other parent's home.
5. Schedule activities for the child(ren) during the other parent's timesharing without first consulting with, and obtaining the agreement of, the other parent.
6. Unreasonably object to activities for the child.
7. Unreasonably object to the use of third parties to assist in transportation.
8. Require or encourage the child[ren] to refer to a significant other or stepparent as their parent. Doing so can be confusing and stressful for the child[ren] and contribute to anger and resentment.
Each Parent Shall:
9. Utilize their timesharing as agreed upon without consistent cancellations of changes. However, each parent shall be reasonably flexible and realize there may be times when work, and/or other obligations require a deviation from the schedule. Parents shall cooperate to accommodate these reasonable requests.
10. Act civilly and never hostile to the other parent or create a hostile environment when exchanging the child[ren] for timesharing. This includes, but is not limited to, making threats, starting arguments or filming the other parent during exchanges.
11. Avoid placing the child[ren] in the position of having to “choose” between their parents. This eventually undermines the child's relationship with both parents.
12. Ensure the other parent has current home address, home phone number, mobile phone number, work phone number and work address of the parent and shall immediately notify the other parent of any changes as to help eliminate any possible communication issues regarding the child[ren].
13. Avoid scheduling things such as appointments, trips, etc. during the other parent's timesharing unless advanced consent is acquired. Should such scheduling commitments become necessary, give the other parent notice as soon as possible.
14. Put the child[ren]'s needs before their own and utilize timeshare granted by coordinating their child[ren]*s routine to the best of their ability. This includes but is not limited to being responsible for the child[ren]*s homework and other activities that occur during that parent's scheduled time.
15. Be responsible for pick-up from the other parent's residence, school, daycare etc. when assuming physical custody of the child(ren) for their timesharing unless otherwise ordered.
16. Be listed as parents for all information with the school and have the opportunity to complete and view the school information for the child(ren), including all enrollment information, contact information and persons allowed to pick the children up form school.
17. Immediately notify the other parent of any important child[ren]-related upcoming or scheduled events (without regard as to who's timesharing it falls during, provided that the information is not already readily-accessible to the other parent). This includes, but is not limited to, medical appointments, school activities, parent-teacher conferences, and any other extracurricular activities. However, parents have a duty to keep themselves apprised of any activities for which the information is readily accessible to them directly.
18. Be entitled to the school, medical and any activity schedule information regarding the child(ren). Each parent shall list the other parent and their contact information on any activity registration, medical provider enrollment, or school forms they complete, even if the activity is to occur during their timesharing only.
MISCELANEOUS1 GUIDELINES
1. Times reflected in the timesharing schedule and guidelines are in the time zone where Parent 1 resides.
2. In the event that the receiving parent intends to NOT exercise their upcoming scheduled timesharing, they shall notify the current timesharing parent at least 48 hours in advance, or as soon as known to the receiving parent. Unless notified otherwise, the parent currently exercising timesharing shall presume that the receiving parent will exercise timesharing in a timely manner.
3. All timesharing exchanges not resulting in a parent picking up a child from school or childcare facility shall take place at a designated location agreed upon by the parties. If a designated location has not been or cannot be agreed upon, exchanges shall take place at the residence of the parent currently exercising timesharing. The receiving parent shall help the child[ren] move luggage or other items in the vehicle and the parent currently exercising timesharing and others present shall wait in the vehicle or residence.
4. Third parties are presumed to be appropriate for exchanging the child[ren] so long as notice is given by the parent for whom the third party is representing unless/until directed otherwise by a court.
5. Be prompt on picking up or dropping off children for exchanges. Each parent is entitled to a thirty (30) minute grace period. After this period, if the receiving parent has not arrived, the parent currently exercising timesharing shall attempt to call and work out another meeting time to make the exchange as seamless as possible. If they are not able to, the receiving parent will forfeit the timesharing period. If parent currently exercising timesharing has not arrived within thirty (30) minutes, the receiving parent will be entitled to make up lost time.
6. Both parents shall have legal child restraint systems necessary for vehicles as provided in KRS 189.125(3). Failure to do so shall justify refusal of the children until legal child restraint system(s) is/are appropriately installed.
7. The parent currently exercising timesharing must refuse to surrender the child[ren] if the receiving parent is under the influence of inebriants or drugs, as doing otherwise would put the child[ren] in danger.
8. Child support obligations shall not abate during any timeshare period.
9. Both parents shall cooperate to ensure that the child[ren] have appropriate clothing and personal items at both residences.
10. Both parents are reminded that timesharing and child support are separate issues. Kentucky Revised Statutes provide that timesharing and child support payment are NOT reciprocal obligations. Timesharing may NOT be denied due to failure to pay child support. Child support may NOT be withheld due to failure of the parent timesharing. Parents must permit timesharing and should attempt to resolve child support issues using the appropriate legal steps.
11. If the child[ren] become[s] ill, the parent exercising timesharing is responsible for taking the child[ren] to a medical professional or taking the steps to regain the child[ren]'s health. If the child[ren] are too sick to be transferred from the parent currently exercising timesharing, then timesharing will delay until the child is well enough to engage in an exchange and the time shall be made up.
12. If the child[ren] is/are admitted to the hospital, then both parents are permitted to visit the child[ren] at appropriate times. When the child[ren] is/are dispatched from the hospital, the timesharing schedule will resume as normal.
13. Both parents are entitled to request records and information regarding the child[ren]'s medical care and school records, both from the healthcare provider/school as well as from the other parent.
14. Phone calls between the child[ren] and the parent not currently exercising timesharing are allowed before the bedtime as established and communicated by the timesharing parent and not to exceed ten (10) minutes.
15. The parties may the alter or amend this visitation schedule by agreement. Only mutual written agreements may be enforced by this Court. Unless agreed to by the parties or otherwise ordered by the Court, this timesharing schedule shall be followed.
MODEL TIMESHARING SCHEDULE OPTIONS
Below are options for standard timesharing for joint custody pursuant to KRS § 403.270(2). These options assume that both parents live in Fayette County or the reasonably adjacent counties and may not be suitable for situations where parents do not live-in reasonable proximity depending on the age and developmental stage of the child. If relying upon these model options, any Order for timesharing shall designate the schedule by referencing which option should be followed.
A) Week-on, Week-off: Each parent shall exercise timesharing on alternating weeks with pick-up on Monday from school or childcare facility through the following Monday with that parent dropping the childf[ren] off at school or childcare facility.
If any child subject to this order is not school aged and is not enrolled in a childcare facility, exchange times shall instead be Sundays at 6 PM.
B) Week-on, Week-off with Midweek Visit: Each parent shall exercise timesharing on alternating weeks with pickup on Monday from school or childcare facility through the following Monday with that parent dropping the child[ren] off at school or child care facility. The parent not exercising timesharing for the week shall exercise timesharing on Wednesday evening with pickup from school or childcare facility through 8 PM. from 6 PM to 8 PM.
If any child subject to this order is not school aged and is not enrolled in a childcare facility, exchange times shall instead be Sundays at 6 PM and Wednesday at 6 PM through 8 PM.
C) 2/2/5/5: Both parents shall exercise timesharing on a 2/2/5/5 schedule. Parent 1 will exercise timesharing for two (2) days being every Monday and Tuesday overnights, then Parent 2 will exercise timesharing for two (2) days being every Wednesday and Thursday overnights. Parent 1 will then exercise timesharing for five (5) days being Friday through Tuesday overnights, and Parent 2 will then exercise timesharing for five (5) days being Wednesday through Sunday overnights. If the date of exchange is to occur on a school day or a day the child[ren] are scheduled to be in child care, pickups shall initiate with the receiving parent picking the child[ren] up from their school or child care facility on the appropriate day and end with that parent dropping the child[ren] off at school or child care facility at the end of their timesharing.
If any child subject to this order is not school aged and is not enrolled in a childcare facility, exchange times shall instead be at 6 PM on the appropriate date.
D) 2/2/3: Both parents shall exercise timesharing on a 2/2/3 schedule. Parent 1 will exercise timesharing for two (2) days being Monday and Tuesday overnights, then Parent 2 will exercise timesharing for two (2) days being Wednesday and Thursday overnights, and Parent A will exercise timesharing for three (3) days being Friday through Sunday overnights. The timesharing shall then repeat itself wherein Parent 2 will exercise timesharing for two (2) days being Monday and Tuesday overnights, then Parent 1 will exercise timesharing for two (2) days being Wednesday and Thursday overnights, and then Parent 2 will exercise timesharing for three (3) days being Friday through Sunday overnights. If the date of exchange is to occur on a school day or a day the child[ren] are scheduled to be in child care, pickups shall initiate with the receiving parent picking the child[ren] up from their school or child care facility on the appropriate day and end with that parent dropping the child[ren] off at school or child care facility at the end of their timesharing.
If any child subject to this order is not school aged and is not enrolled in a childcare facility, exchange times shall instead be at 6 PM on the appropriate date.
E) Every Other Weekend: Parent 1 shall exercise timesharing at all times except that Parent 2 shall exercise timesharing every other weekend with pickup on Friday from school or childcare facility through the following Monday with that parent dropping the child[ren] off at school or childcare facility.
If any child subject to this order is not school aged and is not enrolled in a childcare facility, exchange times shall instead be Friday at 6 PM until Sunday at 6 PM.
F) Every other Weekend with Mid-Week Visit: Parent 1 shall exercise timesharing at all times except that Parent 2 shall exercise timesharing every other weekend with pickup on Friday from Parent 1, school or childcare facility through the following Monday with that parent dropping the child[ren] off at Parent 1, school or childcare facility. Parent 2 shall also engage in timesharing on Wednesday evenings with pickup from Parent 1, school or childcare facility through 8 PM.
If any child subject to this order is not school aged and is not enrolled in a childcare facility, exchange times shall instead be Sundays at 6 PM and Wednesday at 6 PM through 8 PM.
HOLIDAY AND BREAK TIMESHARING
In addition to the schedule selected above, parents shall exercise timesharing as follows:
Parent 1 shall have the child in odd-numbered years as follows:
A. Child's birthday from 9 AM until 6 PM (unless the child's birthday falls on a holiday allocated herein in which case that holiday shall take priority);
B. Thanksgiving holiday from 6 PM the Wednesday immediately preceding Thanksgiving Day until 6 PM the Sunday immediately preceding Thanksgiving Day; and
C. Christmas Eve beginning December 23 at 6 PM until December 24 at 6 PM.
Parent 2 shall have the child in odd-numbered years as follows:
A. Christmas Day beginning December 24 at 6 PM until December 25 at 6 PM.
In even-numbered years, the schedule is reversed.
Any federal or state holidays falling on a Monday shall extend timesharing of the parent who is scheduled to have the preceding weekend until that Monday at 6 PM unless school is not dismissed.
Mother's Day each year with the mother from 9 AM until 6 PM and Father's Day each year with the father from 9 AM until 6 PM. In the event of same-sex parents. Parent 1 shall have the child for the respective holiday in odd-numbered years and Parent 2 shall have the child for the respective holiday in even-numbered years.
TIMESHARING OPTIONS FOR SCHOOL BREAKS
Below are standard timesharing options for school breaks pursuant to KRS § 403.270(2). If a child is not enrolled in a school designating fall, winter, spring, and summer breaks, the normal timesharing schedule shall be followed for that time period. Unless otherwise stated herein, breaks shall begin on the last day of school for the applicable break at dismissal and end on the day preceding the first day of school following the applicable break at 6 PM.
Spring and Fall Breaks:
Option 1: Parent 1 shall receive timesharing on spring break on even-numbered years and fall break on odd-numbered years. Parent 2 shall receive timesharing on spring break on odd-numbered years and fall break on even-numbered years.
Option 2: Parent 1 shall receive timesharing every spring break every year. Parent 2 shall receive timesharing every fall break every year.
Option 3: Parent 1 and Parent 2 shall exercise timesharing on the normal timesharing schedule.
Winter Break:
Option 1: Parent 1 shall receive timesharing in even-numbered years the day school is dismissed from dismissal until December 23 at 6 PM and Parent 2 shall receive timesharing December 25 at 6 PM until the day preceding the day school begins back at 6 PM.
Option 2: Parent 1 and Parent 2 shall exercise timesharing on the normal timesharing schedule.
Summer Break:
Option 1: Parent 2 shall have timesharing for two nonconsecutive weeks in the summer provided that those dates are provided to Parent 1 in writing by May 1st. If there are any dates unacceptable to Parent 1, Parent 1 must notify Parent 2 that certain dates are not available so long as Parent 2 has not already provided their dates in writing. Parent 1 shall not make more than two weeks total unavailable to Parent 2 prior to the May 1st deadline.
Option 2: Parent 1 and Parent 2 shall exercise timesharing on alternating weeks beginning the Sunday immediately preceding the last day of school at 6 PM until the Sunday immediately preceding the first day of school at 6 PM.
Option 3: Parent 1 and Parent 2 shall exercise timesharing on the normal timesharing schedule.

Credits

HISTORY: Amended effective December 28, 2022. Adopted eff. 10-8-12.

Footnotes

So in original.
Fayette Family Court App. B, KY R FAYETTE 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