Appendix C Visitation guidelines
Baldwin's Kentucky Revised Statutes Annotated3rd Judicial Circuit - Christian Family Court
KY RCCF App. C
Appendix C Visitation guidelines
CHRISTIAN CIRCUIT COURT
GUIDELINES FOR VISITATION
Except in extreme circumstances, it is in the best interest of all children to have a healthy relationship with both their mother and father. When parents divorce and no longer live in the same home, it becomes necessary to establish a schedule which affords both parents an opportunity to nurture and cultivate their relationships with their children. The preferred option is for the parents, through communication and concern for their children's best interest, to establish an arrangement that maximizes the benefit to the children. If the parties are unable to agree, the following guidelines provide a basic structure which in most cases, the Court finds to be reasonable visitation. The Court has the duty, if a motion is filed, to determine what visitation is in the best interest of the parties' children based on the facts of that case. It may mean that the visitation will be consistent with these guidelines, more than these guidelines or less than these guidelines. These guidelines are not meant to be default guidelines or foreclose the parties from agreeing to visitation other than or in addition to those days outlined herein. The Court encourages the parties to agree to more visitation than contained herein for the best interest of the children. Even if the guidelines are implemented in a particular case either by the Court after a hearing and determination that these guidelines are in the best interest of the children in a particular case or agreement of the parties, the parties are still strongly encouraged to communicate and cooperate in achieving a visitation schedule that meets their children's particular needs.
1. The non-residential parent (NRP) shall be allowed to exercise visitation during alternate weekends from Friday evening at 6:00 p.m. to Monday morning, at which time the children shall be returned to school or day care at the appropriate time. If the children are not in school or day care, the children shall be returned to the residential parent (RP) no later than 9:00 a.m. If the NRP is not able to make appropriate arrangements to return the children to the appropriate place on Monday morning, the NRP shall return the children to the RP by 6:00 p.m. on Sunday evening. Both parents are to make sure that the children are not tardy to school while the children are in that parties' possession.
2. The NRP shall be allowed to exercise visitation on alternate Thursdays and alternate Tuesdays beginning immediately after school or at 3:30 p.m., whichever is earlier, or as soon thereafter as possible, until 7:30 p.m. The alternate Thursday visitation will occur the Thursday following the weekend visit and the alternate Tuesday visitation shall occur the Tuesday preceding the weekend visit.
3. The children and/or the RP shall have no duty to await the visiting parent for more than thirty (30) minutes of the scheduled visitation time. A parent more than thirty (30) minutes late for a scheduled visit shall forfeit that visitation period. Either parent has the right to refuse visitation or to refuse to return the child at the end of a visitation period if the other parent is under the influence of intoxicants or drugs. Both parties are ordered not to transport the children at any time when they are under the influence of drugs or alcohol, and are to not use illegal drugs within twenty-four (24) hours of possession or during possession of the parties' children.
(1) New Years Day | (2) Martin Luther King Day | |
(3) Easter | (4) Memorial Day | |
(5) July 4th | (6) Labor Day |
Other holidays of importance to the family shall also be divided between the parties in a similar method. In the odd-numbered years (i.e. 2011, 2013, etc.), the mother shall have the children on the odd-numbered holidays (left column), and the father shall have visitation on the even-numbered holidays (right column). In the even-numbered years (i.e. 2012, 2014, etc.), the father shall have the odd-numbered holidays and the mother the even-numbered holidays. Visitation shall be from 9:00 a.m. to 8:00 p.m., unless the child is in school that day in which case visitation shall be from immediately after school or at 3:30 p.m., whichever is earlier, or as soon thereafter as possible, to 8:00 p.m.
5. Each year at Christmas the RP shall have the children on Christmas Day and the NRP shall have the children from 1:00 p.m. to 9:00 p.m on Christmas Eve. The NRP also shall have the children from December 26 at 9:00 a.m. through December 31 at 6:00 p.m., provided the children are returned to the RP not less than 24 hours before they are to resume school. If the NRP has the New Year's Visitation as set forth in Paragraph 4 above, then the NRP may keep the children overnight on December 31 and return the children on January 1 at 8:00 p.m. Once the Christmas holiday begins for the school district which the child is or will be attending, then the alternating weekend visitation and mid-week visitation shall cease. The midweek visitation shall resume immediately after the 1st of January and alternating weekend visitation shall resume on the Friday after the 1st day of January with the non-residential parent receiving the child for that weekend.
Unless otherwise agreed, there shall be no continuous visitation of longer than two (2) weeks at a time. In addition, the alternate weekend and alternate midweek visits set forth in Paragraphs 1 and 2 above shall be suspended during the summer beginning when the NRP begins exercising the six (6) weeks of visitation set forth in paragraph 7 A. The alternating weekends and midweek visits shall resume the second Friday after the conclusion of the last summer visitation period to allow the RP to be able to spend uninterrupted time with the children to take a vacation, if they desire. If the NRP chooses not to exercise any of their blocks of summer visitation or if the child is under two (2) years of age, then the parties shall continue utilizing the alternate weekend and alternate midweek visits as set forth in Paragraphs 1 and 2, above, except that the RP shall be entitled to a two (2) week uninterrupted block during the summer to take a vacation, if they desire. For the purposes of this provision, “summer” shall be defined as the summer vacation from school for the public school district in which the children reside, unless the children attend private school. If the children attend private school, then the schedule of that private school shall control. For children birth to age 2, there shall not be a visitation period for the RP between the two (2) weeks of visitation.
8. In order to help schedule and facilitate summer visitation, RP shall exchange written notice of their respective vacation schedules prior to March 15 of each year. Taking into consideration the RP's vacation schedule, the NRP shall provide written notice to the RP prior to March 31 of each year of the specific weeks the NRP intends to exercise his or her visitation. Absent good cause, the parties shall follow the schedule adopted in this manner. Failure of the NRP to notify the RP by March 31 of their intent to utilize their summer visitation may result in the Court not enforcing all or part of the summer visitation period in Paragraph 7, above, and/or the Court requiring the NRP to work around the RP's vacation schedule.
9. In even-numbered years, the NRP shall be allowed to exercise visitation during spring break and the Thanksgiving holiday. The spring break visitation shall consist of the five (5) weekdays during which spring break is observed, plus the NRP's regularly scheduled alternate weekend visit either at the beginning of or at the end of spring break for a total of seven (7) days. Therefore, if the normal alternating weekend is at the beginning of the spring break visitation period, then spring break visitation shall end at 6:00 p.m. on the Friday of spring break week. If the normal alternating weekend is at the end of the spring break visitation period, then spring break visitation shall end at either 6 p.m. on the last Sunday of spring break or returning the child to day care or school or at 9:00 a.m., if the child is not in school, on Monday if the parties normally return the children on Mondays under Paragraph 1 above. If spring break of the NRP is less than five (5) weekdays, then the NRP who has the child for that break can keep the child for five (5) weekdays as provided above so long as NRP can get the child to and from school on time, otherwise the children shall be returned by 6PM the day before school is to resume.
The Thanksgiving visitation shall begin at 6:00 p.m. on the last day of school prior to Thanksgiving Day for the public school district in which the children reside, unless the children attend private school, in which case the visitation will begin at 6:00 p.m. on their last day of school prior to Thanksgiving Day and shall end at 6:00 p.m. Sunday evening. The other party shall have the next weekend after Thanksgiving weekend to recommence the alternating weekend schedule. In odd-numbered years, the RP shall have the children for spring break and Thanksgiving as set forth above.
10. In odd-numbered years, the NRP shall be allowed to exercise visitation during the fall break from school. The fall break visitation shall consist of the five (5) weekdays of fall break plus the NRP's regular alternate weekend visitation either immediately before or after fall break for a total of seven (7) days. Therefore, if the normal alternating weekend is at the beginning of the fall break visitation period, then fall break visitation shall end at 6:00 p.m. on the Friday of fall break week. If the normal alternating weekend is at the end of the fall break visitation period, then fall break visitation shall end at either 6:00 p.m. on the last Sunday of fall break or upon returning the child to day care or school or at 9:00 a.m., if the child is not in school, on Monday if the parties normally return the children on Mondays under Paragraph 1 above. In even numbered years, the RP shall be allowed to have the children during fall break as set forth above. If fall break of the NRP is less than five (5) weekdays, then the NRP who has the child for that break can keep the child for five (5) weekdays as provided above so long as NRP can get the child to and from school on time, otherwise the children shall be returned by 6PM the day before school is to resume
(a) Any driver of a motor vehicle, when transporting a child of forty (40) inches in height or less in a motor vehicle operated on the roadways, streets, and highways of this state, shall have the child properly secured in a child restraint system of a type meeting federal motor vehicle safety standards.
(b) Any driver of a motor vehicle, when transporting a child under the age of seven (7) years who is between forty (40) inches and fifty (50) inches in height in a motor vehicle operated on the roadways, streets, and highways of this state, shall have the child properly secured in a child booster seat.
Either parent may refuse to release the child to the other parent or anyone else who is not in compliance with the applicable law.
13. Unless otherwise agreed or ordered by the court, the NRP shall be responsible for picking up the children at the beginning of any scheduled visitation period and the RP shall be responsible for picking up the children at the end of any scheduled visitation period, excluding the end of the alternate weekend visitation if the child is returned to school or day care as set forth in Paragraph 1, above.
Credits
HISTORY: Adopted effective April 21, 2012.
Christian Family Court App. C, KY R CHRISTIAN FAM CT App. C
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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