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APPENDIX 2 Time-sharing/visitation guidelines

Baldwin's Kentucky Revised Statutes Annotated40th Judicial Circuit - Clinton, Cumberland and Monroe Domestic Relations Rules

Baldwin's Kentucky Revised Statutes Annotated
40th Judicial Circuit - Clinton, Cumberland and Monroe Domestic Relations Rules
KY CCMDR App. 2
APPENDIX 2 Time-sharing/visitation guidelines
TIME-SHARING / VISITATION GUIDELINES
FOR THE 40TH JUDICIAL CIRCUIT
CLINTON, CUMBERLAND AND MONROE COUNTIES
The following schedules are suggested as guidelines for the parents and the court in establishing time-sharing/visitation 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.
(a) The non-residential parent shall be entitled to have the child(ren) on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
(b) The non-residential parent shall be entitled to have the child(ren) for one midweek overnight visit. Midweek overnight visits will begin at 5:30 p.m. on the day of visitation and will end at 8:00 a.m. the following morning. The non-custodial parent should be responsible for delivering the child(ren) to school, child care, or other location as specifically ordered by the Court or agreed to by the parents.
(c) Times in a time-sharing/visitation schedule should be set in the time zone where the child primarily resides.
(d) During even-numbered years, the residential parent upon 30 days advance written notice to the non-residential parent shall be entitled to have the child(ren) each year for family vacations which will not be interrupted by (a) and (b) above.
(e) Holidays
i. If a holiday is celebrated on a Monday following a non-residential parent's regularly scheduled time-sharing/visitation, then that parent should be permitted to extend parenting time until 6:00 p.m. on the holiday, unless the parents agree otherwise.
ii. For time-sharing/visitation times pertaining to school holidays, whether in a formal school or home-school, the school holidays where the child(ren) primarily resides should apply.
iii. Other holidays:
1. During the first full year after divorce/custody proceedings have been filed, the non-residential parent should have time-sharing/visitation scheduled as follows:
a) New Year's Day from 8:00 a.m. until 6:00 p.m.
b) Independence Day from 8:00 a.m. until 6:00 p.m.
b)NEW 1 Thanksgiving, beginning at 6:00 p.m. the day school ends until 3:00 p.m. Thanksgiving Day.
c)NEW 2 Christmas/Winter Break, beginning at 6:00 p.m. the day-school ends until noon on December 25.
e) Veteran's Day from 8:00 a.m. until 6:00 p.m.
2. During the second full year after divorce/custody proceedings have been filed, the non-residential parent should have time-sharing/visitation scheduled as follows:
a) Easter from 8:00 a.m. until 6:00 p.m.
b) Labor Day from 8:00 a.m. until 6:00 p.m.
c) Memorial Day from 8:00 a.m. until 6:00 p.m.
d) President's Day from 8:00 a.m. until 6:00 p.m.
3. Holidays not listed that are of special interest to the family should be assigned to the nonresidential parent in time amounts similar to those above.
4. Holiday time not scheduled above to the non-residential parent exercising time-sharing/visitation should be with the other parent.
5. 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.
6. Fall Break or Spring Break, as allowed by the child(ren)'s school calendar, should be scheduled for the parent with whom the children) 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.
7. Summer Break should be scheduled to allow the parent exercising time-sharing/visitation a minimum of two (2) periods of two (2) 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 sixty (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 time-sharing/visitation should not prevent school time.
8. Birthdays: Unless the birthday falls on a regularly scheduled time-sharing/visitation day, the non-custodial parent exercising time-sharing/visitation should be scheduled for birthday time from 5:00 p.m. until 8:00 p.m. If it is a regular day of the non-custodial parent exercising timesharing/ visitation 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.
9. For each year thereafter, the timesharing/visitation set out above should alternate between the parent with whom the child(ren) primarily resides and the parent exercising time-sharing/visitation.
10. The non-residential parent shall not take the child(ren) on holidays other than those to which the non-residential parent is entitled as described in the above paragraphs, except as otherwise agreed by the parties.
(f) The child(ren) and/or the residential parent have no duty to wait for the non-residential parent to arrive for more than thirty (30) minutes. If the non-residential parent is more than thirty (30) minutes late for a particular period of time, he/she shall forfeit that period of time. Exception shall be made if, and only if, the tardiness of the non-residential parent is for just cause and the residential parent received both prompt notification and a reasonable estimated arrival time.
(g) If the non-residential parent is more than thirty (30) minutes late in returning the child(ren) without calling to make arrangements and without just cause, he/she shall be subject to contempt.
(h) Make-up days shall be given, if due to an emergency or illness, the child(ren) or non-residential parent is not available at the scheduled time or if the residential parent denies access to the child(ren) without just cause. All make-up days shall be at the non-residential parent's discretion.
(i) If the child(ren) is ill, the parent who has the child(ren) should give 24-hour notice, if possible, to allow for appropriate plans to be made.
(j) The parties shall make every effort to consider the child(ren)'s reasonable scheduled school or extracurricular activities in order to serve the best interests of the child(ren).
(k) In the event of a conflict, the following is the order of preference:
1st--Holidays, 2nd--Extended Periods, 3rd--weekends, 4th--Midweek days.
(l) The non-residential parent should be responsible for timely pick-up of the child(ren) at the beginning of the timesharing/visitation period and returning the child(ren) in a timely manner at the end of the time-sharing/visitation period.
(m) The parents should transport the child(ren) in a safe manner, which includes utilizing the appropriate child restraint systems and not driving under the influence of intoxicants.
(n) The non-residential parent shall be entitled to access to any and all records related to the child(ren) to the same extent as it legally provided to the residential parent and under the same terms and conditions by which access is provided to the residential parent. The residential parent shall supply the keeper of any medical/school records of the child(ren) with a copy of any custody/visitation order. The residential parent shall supply any other keeper of any records of the child(ren) with a copy of any custody/visitation order upon request of either the non-residential parent or the keeper of the record.
(o) In the event the child(ren) has an illness which requires medical attention by a physician, the residential parent shall promptly notify the non-residential parent. Elective surgery shall only be performed after consultation with the non-residential parent.
(p) The non-residential parent shall be entitled to access to student activities relating to the child(ren) to the same extent as is legally provided to the residential parent and under the same terms and conditions by which access is provided to the residential parent. The residential parent shall provide the school with a copy of any custody/visitation order.
(q) The non-residential parent shall be entitled to access to any day-care center that is, or that in the future may be attended by the child(ren) to the same extent as is legally provided to the residential parent. The non-residential parent shall not remove the child(ren) from day-care premises except during periods of time to which the non-residential parent is otherwise entitled pursuant to any custody/visitation order or except by written agreement of the parties. The residential parent shall provide a copy of any custody/visitation order to the day-care center.
(r) Either party is to notify the Circuit Court clerk's Office of any change of address.
(s) Any child who is twelve (12) year of age or older shall have his/her preferences considered in setting and determining time spent with the non-residential parent.
(t) Except as recited herein, the residential parent shall be entitled to the child(ren) at all other times. The parties are encouraged to arrange such additional time as will provide parents an opportunity to have frequent and continuing contact with the child(ren) consistent with their personal schedules and flexibility is encouraged.
(u) Each parent should provide the other parent with contact numbers and addresses (unless a domestic violence order is in effect) where the child(ren) can be located during their scheduled time-sharing/visitation time. The residential parent shall allow the non-residential parent frequent and ongoing telephone contact with the child(ren). The non-residential parent shall utilize this time in a reasonable fashion.
(v) Should the child(ren) have any special needs, the parents shall cooperate with assisting the child and with a custody evaluation at their own expense. The parent shall not be required to attend with each other.
(w) Should an allegation of domestic violence and/or child abuse arise, this plan will immediately be suspended once the allegations are presented to the Court and will remain suspended until the Court rules on the allegations or one month has passed, whichever occurs first.
Each parent is under an affirmative duty to foster the love and affection of the child for the other parent. Neither parent shall do nor say anything that will interfere with the love and affection of the child for the other parent. Neither parent shall allow third parties to do or say anything to or in the presence of the child that will interfere with the love and affection of the child for the other parent. In addition to these general duties, neither parent shall:
a) Have the child deliver money or message from one parent to the other and thus place the child in the middle
b) Ask the child to keep a secret from the other parent and, in effect, teach the child to lie.
c) Quiz the child about what is going on at the other parent's home and thus turn the child into a spy.
d) Say unkind things about the other parent to the child or in the presence of the child.
e) Try to conduct parental business when exchanging the child for visitation.
f) Make any threats or start arguments with the other parent when exchanging the child for visitation.
g) Ask the child directly or subtly, “Which of us do you really want to be with?” and thus place the burden on the child.
h) Allow a child to take control of visitation whenever he or she wants to do so.
i) Have the child refer to a future stepparent as “mother” or “father”.
j) Eavesdrop on or interrupt the child's telephone conversations with the other parents.
Pursuant to FCRPP 7(2)(a), if either parent intends to move with the child(ren) from the Commonwealth of Kentucky to another state, or more than 100 miles from the present residence of the child(ren), he or she shall give notice to the other parent at least sixty (60) days prior to such move. Either parent may file a motion for change of custody or time sharing if the other parent is not in agreement with the move, or an agreed order if they are in agreement. No relocation of the child shall occur unless the Court enters an order modifying the status quo.
Pursuant to FCRPP 7(2)(b), if a parent moves from the county where the initial decree or custody order is entered, the Court shall apportion the cost of transportation of the child(ren) between the parents, or may assign the entirety of the costs to one parent, considering the economic circumstances of each parent and any other relevant factors.

Credits

HISTORY: Adopted effective August 11, 2014.

Footnotes

So in original.
So in original.
Clinton, Cumberland and Monroe Domestic Relations App. 2, KY R CLINTON DOM REL App. 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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