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FCRPP 6 General provisions

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
III. Custody, Parenting Time, and Support
Kentucky Family Rules of Practice and Procedure FCRPP 6
FCRPP 6 General provisions
(1) The provisions of this section shall apply to all actions in which there are disputes regarding custody, parenting time, or support.
(2) A parent or custodian may move for, or the court may order, one or more of the following, which may be apportioned at the expense of the parents or custodians:
(a) A custody evaluation;
(b) Psychological evaluation(s) of a parent or parents or custodians, or child(ren);
(c) Family counseling;
(d) Mediation;
(e) Appointment of a guardian ad litem for a child(ren);
(f) Appointment of a friend of the court or de facto friend of the court;
(g) Appointment of such other professional(s) for opinions or advice which the court deems appropriate; or,
(h) Such other action deemed appropriate by the court.
(3) The court or domestic relations commissioner shall conduct a hearing on any motion for temporary custody, parenting time, maintenance, or support, within 60 days of filing the motion except for good cause stated on the record. Nothing herein prevents the parties from entering into an agreement on these issues.
(4) In all proceedings for the dissolution of marriage in which children of the marriage are minors, or in any custody proceedings, the court may order the parents or custodians and children to participate in counseling or divorce education on a case-by-case basis, which shall be at the expense of the parties.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Editors' Notes

COMMENTARY
Particular attention should be paid to the distinction between a guardian ad litem appointed under subsection (2)(e) and a friend of the court appointed under subsection (2)(f). A guardian ad litem is an attorney advocating for the best interest of the child and should be appointed with that role in mind. Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014). “The GAL should not file reports, testify, make recommendations, or otherwise put his own or her own credibility at issue.” Id. at 114. By contrast, a friend of the court or de facto friend of the court is an investigator who advises the court. He or she may make recommendations and file reports, and he or she is subject to cross-examination by the parties' counsel. Use of the AOC form orders of appointment is required to avoid conflating these two roles and to provide clarity to appointed persons, counsel, and parties. Nothing in this rule is intended to limit the scope of the court's authority under KRE 706, KRS 403.290, or KRS 403.300.
KY Family Court Rules FCRPP 6, KY ST FAM CT FCRPP 6
Current with amendments received through May 1, 2020.
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