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Attachment “C”

Baldwin's Kentucky Revised Statutes Annotated29th Judicial Circuit - Adair and Casey Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
29th Judicial Circuit - Adair and Casey Circuit Courts
KY RACC Attachment C
Attachment “C”
Currentness
29th Judicial Circuit
CODE OF CONDUCT and STANDARD VISITATION GUIDELINES
Code of Conduct
Waiting/Tardiness
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 provided 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 the parenting time shall be made up the next regularly scheduled parenting time.
Cancellation
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 canceled by the non-residential parent is forfeited. Time lost for a 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).
Intoxicants
Both parents are ordered not to transport the child(ren) at any time they are under the influence of alcohol or drugs. No party shall relinquish the child to anyone, including a party, who is under the influence of any intoxicant.
Miscellaneous
Both parents are required to secure the child(ren) in appropriate child restraint systems when transporting the child(ren).
These rules require that both parents understand the following:
1. That there may be circumstances from time to time with regard to work schedules and/or activities of the child(ren) which require flexibility and cooperation, and that changes in the scheduling may be required.
2. Each party must ensure the child(ren) is/are not tardy to school while child(ren) is/are in the party's care.
3. The party who received the child(ren)'s academic reports, school notices, and medical reports shall provide the other party access to these reports and shall advise the other party of their existence.
4. Each party shall advise the other of the child(ren)'s extra-curricular activities schedules, school photos, school programs, and any related activities. The parties shall not require the child(ren) to deliver these messages and shall not depend upon the child(ren) to advise the other party.
5. Each party shall ensure that, when the child(ren) is in his or her care, homework assignments are completed and schedules are met.
6. The parties shall discuss and attempt to agree upon how discipline will be consistently administered and what actions require discipline.
7. The parties shall strive to ensure consistency in the child(ren)'s routines and discipline.
8. If the child(ren) has been prescribed medications or treatments, the residential parent shall provide a sufficient amount of medication, any necessary medical equipment, and appropriate instructions for each visit.
9. Each party shall, as soon as possible, notify the other party of any medical emergency or serious illness of the child.
10. No party shall enter the other's residence without express invitation.
11. Neither timesharing, nor child support, may be withheld because of the other party's failure to comply with a court order.
12. When possible, the parties are encouraged to provide childcare for each other to both lessen the costs and to provide the child with more time with both parties.
13. Any medical bills that are to be divided shall be given to the other party within 14 days.
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).
f) Make any threats or start arguments with the other parent when exchanging the child(ren).
g) Ask 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 the child(ren) to take control of parenting time whenever he or she wants to do so.
i) Have child(ren) refer to a stepparent or significant other 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) Schedule or enroll child(ren) in activities which will 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 be subject to sanctions of the court.
29TH JUDICIAL CIRCUIT STANDARD VISITATION GUIDELINES
I. The non-residential parent shall be entitled to a minimum of every other weekend beginning on Friday at 3:00 p.m. or after school -until Monday at 8:00 a.m. or deliver the child(ren) to school or daycare, whichever is earlier.
II. The non-residential parent shall be entitled to one overnight per week, if the parties can't agree then it will be Wednesday at 3:00 p.m. or after school until Thursday at 8:00 a.m. or deliver the child(ren) to school or daycare, whichever is earlier.
III. Each parent shall be entitled to reasonable daily telephone contact when the child(ren) are in the care of the other parent.
IV. If a holiday is celebrated on a Monday (Martin Luther King Jr. Day, President's Day, Memorial Day, Labor Day) following a parent's regularly scheduled parenting time, then that parent shall be entitled to extended their parenting time until 6:00 p.m. on that holiday.
V. These four (4) holidays shall be divided between the parents as follows:
New Year's Day
Easter
Halloween
July 4th
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 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., subject to the following exceptions: If it is a school day, parenting time shall be from 3:00 p.m. or after school 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.
• July 4th visitation shall be from 5:00 p.m. until 8:00 a.m. the following day.
VI. Thanksgiving
The non-residential parent shall be entitled to parenting time beginning 3:00 p.m. or after school the day school ends for Thanksgiving holiday until 3:00 p.m. Thanksgiving Day in every even-numbered year. The non-residential parent shall be entitled to parenting time beginning at 3:00 p.m. on Thanksgiving Day until 6:00 p.m. the day before school begins after the holiday every odd-numbered year. The opposite applies to the residential parent.
Christmas
The non-residential parent shall be entitled to parenting time beginning 3:00 p.m. or after school the day school ends for Christmas holiday until 12:00 noon Christmas Day in every odd-numbered year. The non-residential parent shall be entitled to parenting time beginning at 12:00 noon on Christmas Day until 6:00 p.m. the day before school begins after the holiday every even-numbered year. The opposite applies to the residential parent.
Mother's Day and Father's Day
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.
Child's Birthday
In even-numbered years, the child and any siblings that are common to the parties shall spend his/her birthday with the residential parent from 3:00 p.m. or after school to 9:00 p.m. The non-residential parent shall have the day before or the day after the actual birthday from 3:00 p.m. or after school to 9:00 p.m. In odd-numbered years, the child and any siblings that are common to the parties shall spend his/her birthday with the non-residential parent from 3:00 p.m. or after school to 9:00 p.m. The residential parent shall have the day before or the day after the actual birthday from 3:00 p.m. or after school to 9:00 p.m.
Fall Break
In odd-numbered years, the non-residential parent shall be entitled to parenting time from 3:00 p.m. or after school 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 8:00 a.m. on the Monday the day the child(ren) return to school. The opposite applies in even-numbered years.
Spring Break
In even-numbered years, the non-residential parent shall be entitled to parenting time from 3:00 p.m. or after school 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 8:00 a.m. on Monday the day the child(ren) return to school. The opposite applies in odd-numbered years.
Summer Break
For children less than three (3) years old on June 1: The non-residential parent shall have the child(ren) three(3) days in June and three (3) days in July that shall be added to that parent's first visitation weekend in June and first visitation weekend in July. The parties may agree to whether said days shall be before or after the weekend, but if it can't be agreed upon, then the days shall be before the weekend visitation.
For children three (3) years old and older on June I: The non-residential parent shall be entitled to parenting time from 6:00 p.m. the first Friday school is out until the following Friday at 6:00 p.m. The parents shall alter every other week Friday to Friday during Summer Break. The child(ren) shall return to the residential parent the Friday before school is scheduled to start. The residential parent shall not schedule camps or other activities during the non-residential parent's period of summer visitation without the written permission of the non-residential parent. If the child's third birthday is June 2 or after then the visitation for children three or older does not begin until the following year.
No summer parenting time shall interfere with the child(ren)'s ability to pass to the next grade. The parent that has the child shall make arrangements to get the child to school.
All holiday, summer, child's birthday, fall and spring break shall take precedence over regular alternating visitation periods, but the pattern of alternation shall remain the same.

Credits

HISTORY: Adopted effective April 10, 2014.
Adair and Casey Circuit Court Attachment C, KY R ADAIR CASEY CIR CT Attachment C
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document