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Appendix B 5th Circuit family court parenting time-sharing guidelines

Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Family Courts

Baldwin's Kentucky Revised Statutes Annotated
5th Judicial Circuit - Crittenden, Union and Webster Family Courts
KY CUWF App. B
Appendix B 5th Circuit family court parenting time-sharing guidelines
Currentness
Parenting Time is a time for children to be with a parent. Activities you can do with them or skills you can teach them help the time be rewarding. Helping the children find friends in your neighborhood also helps make it like home for them.
The preferred option is for parents, through communication and concern for their children's best interest, to establish an arrangement that maximizes the benefit to the children. Liberal parenting time arrangements are encouraged by the Court, as contact with both parents is important to the children. Changes or modifications can be made by the Court if need for such is shown.
If the parties are unable to agree the following guidelines provide a basic structure which in most cases, the Court finds to be reasonable parenting time. The Court has a duty to determine what parenting time is in the best interest of the parties' children based on the facts of the case. It may mean that parenting time will be consistent with these guidelines, more than these guidelines or less than these guidelines. These guidelines are not meant to prevent parties from agreeing to parenting time other than or in addition to those days outlined herein.
A. TERMINOLOGY: For purposes of using this Parenting Time-Sharing Guidelines, PARENT 1 (P1) is the parent the child resides with primarily; PARENT 2 (P2) is the parent the child does not reside with primarily.
B. PARENTING TIME
1. Weekends: P2 shall have alternate weekends from Friday at 5:30 p.m. until Sunday at 7:30 p.m. P2 shall pick up the child on Friday from the residence of P1 or other agreed upon location. P1 shall pick up the child on Sunday from the residence of P2 or other agreed upon location.
2. Midweek: P2 shall have one evening each week, Wednesday, 5:30 p.m. to 8:00 p.m. P2 shall pick up the child from the residence of P1 or other agreed upon location and return the child to the residence of P1 or other agreed upon location.
3. Holidays: The following named holidays, and any other holidays of importance to the parties and the child, should be divided between the parents equally as follows:
New Year's Day
Martin Luther King Day
Easter
July 4th
Memorial Day
Labor Day
Thanksgiving
Halloween
a. In ODD-numbered years, the child will be with P1 on the holidays in the left column and the child will be with P2 on the holidays in the right column. Parenting time shall be from 9:00 a.m. until 7:00 p.m., unless the child is in school on the holiday, in which case parenting time will begin after school until 7:00 p.m.
b. In EVEN-numbered years, the child will be with P1 on the holidays in the right column and the child will be with P2 on the holidays in the left column. Parenting time shall be from 9:00 a.m. until 7:00 p.m., unless the child is in school on the holiday, in which case parenting time will begin after school until 7:00 p.m.
c. If the holiday is connected to a scheduled weekend parenting time, the child is to stay through the holiday. (Example: if P2 has the weekend preceding Memorial Day in an ODD-numbered year, P2 will not return the child on Sunday, but instead retain the child until 7:00 p.m. on Memorial Day.)
d. Mother's Day/Father's Day: Mother's Day and Father's Day are to be spent with the appropriate parent. Hours are as agreed or 9:00 a.m. to 7:00 p.m.
e. Christmas:
i. In ODD-numbered years P2 will have the child December 23rd at 8:00 p.m. until December 24th at 8:00 p.m. P1 will have the child December 24th at 8:00 p.m. through Christmas Day at 8:00 p.m.
ii. In EVEN-numbered years P1 will have the child December 23rd at 8:00 p.m. until December 24th at 8:00 p.m. P2 will have the child December 24th at 8:00 p.m. through Christmas Day at 8:00 p.m.
4. Birthdays: The child shall celebrate his/her birthday in the home of the parent scheduled to have the child on that day. The other parent can celebrate at another time if desired.
5. Fall/Spring Break: For children who are enrolled in school which has both Fall and Spring Breaks: in EVEN-numbered years P1 shall have Fall Break and P2 shall have Spring Break; in ODD-numbered years P2 shall have Fall Break and P1 shall have Spring Break. For children who are enrolled in schools with only one break, the parents will alternate this break with P1 having EVEN-numbered years and P2 having odd-numbered years. The time shall begin at the release of school and continue until 3:00 p.m. on the day prior to school resuming. During these weeks, regular weekend/weekday timesharing is abated. If the child is required to attend extended school during these breaks, the party exercising timesharing shall bear the responsibility of ensuring the child's attendance and compliance.
6. Summer Break: Both parents shall have the opportunity to have the child with them for vacation periods. P2 is entitled to have two (2), non-consecutive, 14-day periods of uninterrupted summer vacation with the child each year. P1 is entitled to one (1) 14-day period of uninterrupted summer vacation with the child each year. During these weeks, regular weekend/weekday timesharing is abated. However, Mother's Day, Fathers' Day, Memorial Day and July 4th shall follow the holiday schedule.
a. P2 is to provide notice of when P2 wishes for P2's summer parenting time to occur by May 1st of each year. P1 must give P2 notice of vacations or special plans for the child, to avoid planning conflicts. The summer parenting time schedule should be settled by May 15th of each year. If the parties cannot agree, either party may file a motion requesting the Court pick the dates.
b. Summer school necessary for the child to pass to next grade must be attended.
c. A general itinerary should be provided for the other parent if vacation will be out of town, including location and a phone number to be reached at in the case of an emergency.
7. Transportation: Unless otherwise set forth herein or agreed to by the parties, the parent receiving the child should pick up the child. Further, unless otherwise agreed to, the parent should handle the transportation of the child. All children shall be properly secured in age-appropriate restraints at all times during transportation.
8. Waiting: There is no duty to await P2 to exchange the child for more than 15 minutes. A P2 who is late forfeits parenting time for that period unless the parties agree otherwise. P1 should be ready to receive the child at the end of the parenting time. A parent could be held responsible for costs the other parent is out-of-pocket due to tardiness.
9. Notice of Intent or Inability to Exercise Timesharing. If at all possible, P2 shall give a minimum of 3 days' notice of his or her intent NOT to exercise all or part of a scheduled period. When such notice is not reasonably possible, the maximum notice permitted by the circumstances shall be given. P1 shall likewise provide notice, when good cause exists that necessitates cancellation or modification of a scheduled period. If a scheduled period cannot occur due to illness or other good cause, a substituted and mutually agreeable timesharing period shall be arranged and shall occur as quickly as possible.
10. This schedule is an enforceable Order of the Court. Please put the interests of your child first and comply with the above provisions.

Credits

HISTORY: Adopted eff. 4-6-16
Crittenden, Union and Webster Family Court App. B, KY R CRITTENDEN 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