Home Table of Contents

Rule 7. Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated54th Judicial Circuit - Boone and Gallatin Family Court

Baldwin's Kentucky Revised Statutes Annotated
54th Judicial Circuit - Boone and Gallatin Family Court
KY RBGF Rule 7
Rule 7. Domestic relations practice
Currentness
701 It shall be the policy of this court to encourage the parties to cause the least disruption of the child(ren)'s lives so long as it remains consistent with the best interests of the child(ren).
A. Temporary Child Custody.
1. The parties are encouraged to agree to a custody arrangement which will cause the least amount of disruption to the child(ren) pending final hearing and maximize time with both parents.
2. Pursuant to KRS 403.280(2), there shall be a rebuttable presumption that joint custody and equal parenting time is in the child(ren)'s best interests.
3. Motions for temporary child custody may be set and heard pursuant to the FCRPP and these rules.
B. Disputed Child Custody and/or Parenting Arrangements.
1. The Court encourages the parties to reach an agreement regarding custody and parenting arrangements that is in the best interest of the child(ren).
2. If custody and/or the parenting arrangement is in dispute, and the parties are unable to resolve the conflict, a party may move for a hearing or other appropriate action to facilitate a proper finding for custody and parenting arrangements. Parties may move for, or the Court may order, such other appropriate action as contained within FCRPP 6(2). In requesting one of the alternatives within FCRPP 6(2), counsel for a party shall present those facts of the case which support the alternative requested.
C. Obtaining a Decree of Dissolution without a Final Hearing. FCRPP 3(1).
1. If the parties reach an agreement on all issues and seek the entry of a decree without a hearing, per FCRPP 3(1), the parties shall file a joint motion or agreed order that contains the following information and attachments:
a. The date of marriage and separation;
b. The date the petition for dissolution was filed;
c. The date the respondent was served or filed an entry of appearance;
d. The date the final verified disclosures were filed unless the parties agree to waive the filing of final verified disclosures;
e. A copy of the notarized separation agreement, if any;
f. A written deposition executed under oath by either party setting forth testimony required at a hearing;
g. A written waiver of the right to a hearing executed by both parties;
h. An affidavit stating that the parties have lived apart for sixty (60) days and that no material change in circumstances has occurred since the taking of the proof; and
i. A request for former name restoration, if any, in writing.
2. A decree shall not be final until the original is signed by the court and entered by the clerk.
3. If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, shall be submitted to the court for approval and entry.

Credits

HISTORY: Amended effective August 18, 2020. Prior amendments effective August 12, 2013.
Boone/Gallatin Family Court Rule 7, KY R BOONE GALLATIN FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document