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Appendix C Sample parenting time guidelines

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
XIII. Appendix C. Sample Parenting Time Guidelines
Kentucky Family Rules of Practice and Procedure App. C
Appendix C Sample parenting time guidelines
Currentness
<In Order 2022-58, dated December 9, 2022, the Supreme Court of Kentucky designated this appendix as "XIII. Appendix C.">
The following schedules are suggested as an example for the parents and the court to use when establishing parenting time schedules. Each case will present unique facts or circumstances which shall be considered by the court in establishing a time-sharing/visitation schedule and the final schedule established by the court or agreed to by the parents may or may not be what these guidelines suggest.
1. The parenting time schedule set by the court for holidays, school breaks and summer break should control over regularly scheduled parenting time, even if this allows successive parenting time periods.
2. The parent exercising parenting time should be responsible for timely picking up the child(ren) at the beginning of the parenting time period and returning the child(ren) in a timely manner at the end of the time-sharing/visitation period.
3. Times in a parenting time schedule should be set in the time zone where the child primarily resides.
4. For parenting time pertaining to school holidays, whether in a formal school or home-schooled, the school holidays where the child(ren) primarily resides should apply.
5. Each parent should provide to the other parent contact numbers and addresses (unless a domestic violence order is in effect) where the child(ren) can be located during their scheduled parenting time.
6. The parent exercising parenting time should be given a minimum of every other weekend as parenting time with the child(ren) and one midweek parenting time. The parent having such parenting time should be responsible for delivering the child(ren) to school, child care, or the other parent's home as specifically ordered by the court or agreed to by the parents.
7. Holidays.
a. If a holiday is celebrated on a Monday following a parent's regularly scheduled parenting time, then that parent should be permitted to extend parenting time until 6:00 p.m. on the holiday, unless the parents agree otherwise.
b. Other holidays.
(i) Parent exercising parenting time.
1) During the first full year after divorce/custody proceedings have been filed, the non-residential parent should have parenting time scheduled as follows:
a) New Year's Day and July 4th from 8:00 a.m. until 6:00 p.m.
b) Thanksgiving, beginning at 6:00 p.m. the day school ends until 3:00 p.m. Thanksgiving Day.
c) Christmas/Winter Break, beginning at 6:00 p.m. the day school ends until noon on December 25.
d) Holidays not listed that are of special interest to the family should be assigned to the non-residential parent in time amounts similar to those in a), b) and c) above.
2) Holiday time not scheduled above to the parent exercising parenting time should be with the other parent.
3) Mother's Day and Father's Day, regardless of any conflict with the above proposed schedule, should be spent with the appropriate parent from 8:00 a.m. until 6:00 p.m.
4) Fall Break or Spring Break, as allowed by the child(ren)'s school calendar, should be scheduled for the parent with whom the child(ren) primarily resides in the first full year after the divorce/custody proceedings are filed from 6:00 p.m. the day school ends until 6:00 p.m. the following Friday. If school breaks are longer than one week due to the school schedule, the parent with whom the child(ren) primarily resides should be scheduled for the first half of the break and the other parent should be scheduled for the last half.
5) Summer Break should be scheduled to allow the parent exercising parenting time a minimum of two periods of two consecutive weeks during the Summer Break. Each parent should provide the time periods he or she desires to the other parent before the end of the school year, or at least 60 days in advance of the requested time. If a child(ren) must attend summer school in order to pass to the next grade, summer parenting time should not prevent school time.
6) Birthdays: Unless the birthday falls on a regularly scheduled parenting time day, the parent exercising parenting time should be scheduled for birthday time from 5:00 p.m. until 8:00 p.m. If it is a regular day of the parent exercising parenting time where the child(ren) does not primarily reside, the other parent should have birthday time from 5:00 p.m. until 8:00 p.m.
(ii) Alternating years: For each year thereafter, the parenting time set out above should alternate between the parent with whom the child(ren) primarily resides and the parent exercising parenting time.
8. Waiting/Tardiness/Cancellations.
a. In the event either parent will be more than 30 minutes late, due to reasonable unforeseen circumstances, to pick up the child(ren), he or she should provide direct notice to the other parent or a designated third party and make suitable arrangements for exchange of the child(ren).
b. If parenting time is missed through no fault of the parent, and reasonable notice has been given, that time should be made up, if reasonable to do so.
c. If the child(ren) is ill, the parent who has the child should give 24-hour notice, if possible, to allow for appropriate plans to be made.

Credits

HISTORY: Amended by Order 2022-58, eff. 1-1-23. Adopted by Order 2020-1, eff. 2-1-20
KY Family Court Rules App. C, KY ST FAM CT App. C
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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