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When divorcing parties have children, their case is not over until the children are grown. The following is a brief overview of the issues parents might still need to deal with after a divorce is over.

Custody and timesharing

The needs of parents can change over time. Circumstances might arise that make the previous sole or joint legal custody arrangement impractical. The needs of children also change over time. It is also very common for parents to have to reexamine the timesharing (visitation) schedule they have in place for their children. A timesharing schedule that worked well when the children were very young might not be as practical when the children are teenagers. If you are experiencing “growing pains” with the existing schedule, we can help you determine if there needs to be a change in the schedule. We handle many cases involving modification of custody and timesharing schedules.

Parenting Coordination: A Good Option to Stay out of Court

Child Support

The amount of child support paid is not set in stone at the time of the divorce and can change many times over the years. Be on the lookout for the following changes that might cause a modification:

  • An increase or decrease in either parent’s income
  • An increase or decrease in the cost for daycare
  • An increase or decrease in the cost of health insurance for the children

If you have experienced any of the above changes or believe the other parent has, or if you become aware of any other changes, you should discuss the changes with an experienced attorney. We routinely resolve cases dealing with modification of child support.

Relocation

In our increasingly mobile society, it is inevitable that for some couples, after they split up, one or both might want to move away from their current location. If they have kids, this can have a huge impact.

In Kentucky, notification of any intended relocation must take place. The rules do not specify a minimum amount of distance before a move is considered relocation. Parents are urged to err on the side of caution and provide proper notification as soon as they become aware of their potential plans.

If the parties share joint legal custody of their children (meaning they both make legal decisions about the children) then the parent who seeks to relocate must provide written notice to the Court (no specific advanced notice amount of time is given) and the non-relocating parent has twenty days in which to object. The parties can also file an Agreed Order with new terms, if they are able to agree.

If one parent has sole legal custody and intends to relocate, then that parent must file written notice and server the other parent. If the timesharing is affected by the prospective move, the non-custodial parent has twenty days in which to object.

It is hoped that the parents can find a solution. If there is disagreement and no resolution, then there likely will be a trial. The types of evidence the Court will look at to make a determination about relocation (by way of evidence and witnesses) include: the current timesharing schedule and frequency of time with each parent, the reason for the relocation, the distance involved in the potential move, the wishes of the children and the parents, the children’s involvement in the current community, opportunities in the new community (schools, activities, church) compared to the existing community, the current involvement of each parent with the children’s lives, the involvement of extended family with the children and how that will be affected.

Options to resolve differences

Many, if not most, people choose to try to resolve legal issues outside of Court. Some agreements require the parties to try to solve their problems outside of Court before they may return to Court. Mediation is often a good option. Many mediators are also neutral attorneys, with no investment in your case, whose sole job is to help you reach a settlement with the other party. Mediation is often less costly, both emotionally and financially, than going to trial. Ms. Donovan is a certified mediator, trained to mediate a variety of legal problems.

We help clients everyday to overcome life's most difficult experiences.

Reach out today and call us at (859) 219-1280 to ask for our help.

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