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NKY Divorce & Custody Law

Contact Mike Bouldin859-581-6453

 

As a Northern Kentucky divorce attorney, I understand that separation can be an overwhelming experience.

Many times a person facing a divorce or dissolution is concerned with loss of their children, savings, retirement, home, and family.  If you are contemplating divorce or have been served papers in Northern Kentucky, it is imperative that you seek legal counsel as soon as possible.  My office is conveniently located in Covington and I practice primarily in Boone, Campbell and Kenton counties.  Call at 859-581-6453 or email to mike@bouldinlawfirm.com

At Bouldin Law Firm, divorce law is one of three legal areas I help clients with – so I am dedicated to providing advice that will help your particular situation and protect your rights.

My goal is to ensure that you have all of the information and expert advice you need to make the important decisions that will impact your future.  Your savings, retirement, children and business can be significantly affected by a divorce.

We begin by initiating a thorough investigation into the facts of the case, followed by aggressive and persuasive arguments intended to be presented to the Court.  And I seek the best possible outcome in a divorce — whether it be through agreement, negotiation, mediation or having a judge decide your case.

I represent clients in Kentucky and Ohio in all domestic relations and family courts, including:
* Uncontested Divorce and Dissolution
* Contested Divorce and Dissolution
* Custody – Sole, Shared and Joint
* Paternity and Child Support
* Spousal Support/Maintenance/Alimony

Call me at 859 581 6453 (581-MIKE) or e-mail at mwbouldin2@gmail.com, if you or a family member need assistance. Initial phone consultations are often free of charge.

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Can I Get Custody?

Legal Custody must be determined by a court in Kentucky. The family courts retain jurisdiction over custody, whether born during a marriage or outside of marriage.  Unlike Ohio, where juvenile court has different rules for unwed parents, both wed and unwed parents in Kentucky can petition for custody in a similar fashion.

KRS 403.270 outlines the custodial interests for both wed and unwed parents. If the parents are unable to agree on custody and parenting, the Courts will make the determination.  The determination is based on the best interest of the minor child.  Those are outlined in 403.270, but are set forth follows:

(a) The wishes of the child’s parent or parents, and any de facto custodian, as to his custody;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests;
(d) The child’s adjustment to his home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) Information, records, and evidence of domestic violence as defined in KRS 403.720;
(g) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;
(h) The intent of the parent or parents in placing the child with a de facto custodian; and
(i) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.

If you have questions, concerns or need to speak to or retain an attorney, call Michael Bouldin at Bouldin Law Firm.  Having practiced family and custody law for 22 years, you will get the answers.  Remember, don’t just look for the answers you want, look for the right answers. For a consultation, email mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE) to schedule.

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How To Calculate Child Support with 50/50 Parenting

Q: Is Child Support zero ($0.00) when there is equal, shared or 50/50 parenting?
A: Qualified, maybe.

Many parents ask why they should be paying child support when they have 50/50 parenting. The answer is not so simple that there is never child support or always child support.

The simple answer lies in how you word the question. If there is 50/50 parenting, both parties are equally responsible for costs and expenses, that they share in uncovered medical and extracurricular expenses and they make the same income, then there is no child support from or to either parent.

IN reality, all of the foregoing is seldom the case.

Often one party makes more than the other; in that case most courts issue some sort of offset from the traditional child support guidelines. The Kentucky child support guidelines were set forth with an assumption of a primary residential parent or sole custody. With modern courts and the new presumption of shared (50/50) parenting, the child support guidelines are only the starting block to calculate support.
Often one party pays additional cost for medical insurance. In that case, even if the incomes are equal the parties should divide the cost for providing coverage for the child(ren).
How do you calculate expenditures? Do parties equally divide all expenses or do they each provide necessities for the child/children while in their care. What about lunch money and larger items such as school dances and field trips?
Do the parties need to agree on expenses?
Most family law courts calculate support from each parent, then deduct the lower from the higher to achieve a child support number based on equal parenting offset. Uncovered medical and extracurricular expenses are most often divided in proportion to incomes, and not simply with an equal split. Note: parents should discuss and try to agree on division of outside expenses such as cell phones, car insurance and vehicles for older children.

If you have a child support, custody or dissolution, you should consult with an experienced family law attorney who regularly practices in your county. For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com to schedule.

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Joint Legal Custody & Shared Time

New parental rights bill finally approved. See FULL TEXT.

This gives a presumption of equal parenting rights and time in TEMPORARY orders. Question: Does it apply to permanent custody and timesharing?

What about parents who have provided majority of custody?

While the law spells out that there is a rebuttable presumption, it does not say what is necessary to rebut that presumption.

The law states the burden of proof on the party opposing, but not the standard of what is necessary to rebut.

For legal advice, contact an attorney. For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.

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