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Florence Divorce Law Blog

Parents may face difficulties when it comes to child custody

When a marriage has ended -- or non-married parents no longer see eye-to-eye on raising their children -- there are several parenting options that may provide a suitable solution. The answer to who will be awarded child custody is seldom an easy proposition and often requires difficult decisions to be made. Kentucky parents have many aspects to consider when trying to resolve this issue.

One of the first considerations is whether parents can work amicably together in raising their children. There are many who can arrive at a co-parenting agreement that would result in them choosing a joint custody arrangement for their children. Out-of-court agreements enable parents to determine the custody or visitation schedule that will best meet the needs of the parties involved. However, not all parents can arrive at a mutually agreeable plan and may require the input of a family court judge.

Kentucky spousal support during and after a divorce

Every state has its own approach to how former spouses can be provided for once a marriage ends. Kentucky is no exception and has laid out its own regulations concerning the subject of alimony both during and after a divorce. Each situation is different, however, and requires a specific agreement tailored to an individual's needs.

In general, the subject of spousal support is appropriate whenever a separation and dissolution will have a negative impact on one party's ability to provide a sufficient living for one's self and any dependants living in the home. It may also be ordered if a divorce would result in either party suffering a significant loss in his or her standard of living that he or she once enjoyed during a marriage. Either party could be required to pay these monies, depending upon the unique circumstances.

Those headed for divorce may do well to avoid some poor advice

The end of a marriage often sends unhappy spouses looking for advice and support. Unfortunately, some of the well-intentioned advice about a divorce is not only off base but may also cause further financial or emotional harm. Kentucky residents who are contemplating taking this step may benefit from avoiding some of the more common misconceptions.

One of the first pieces of advice one may hear is that one attorney can suffice for both parties. This is often seen as a cost-saving measure. However, this is never a good idea and can result in either party sustaining monetary damages in the end. Likewise, being advised to use the online child support calculators on the state's website is also ill-advised, as these guidelines are merely a starting point and do not take into consideration all of the factors that may be unique to an individual case. A family court judge has access to information that may require a different calculation based on facts that are not included in these guides.

When do grandparents have a right to seek custody or visitation?

Grandparents play a special role in the lives of their grandchildren. Divorce and custody issues can disrupt a healthy and important relationship, and Kentucky grandparents often wonder if there is a legal way by which they can fight for either custody or regular access to their grandkids.

There are times when a court may consider a grandparent's role critical to the well-being of a child and grant visitation to the grandparents. When parents are unfit or absent, a grandparent may be able to seek custody of the grandchild. Grandparent rights are a complex issue, and you may find it beneficial to seek guidance regarding the legal options that may be available to you.

Child's fears lead to modification of child custody agreement

Most of the time, when a family court judge is weighing the best interests of a child, he or she is also considering what each parent may desire as far as time with their offspring. While the parents may or may not be able to arrive at a mutually satisfactory decision on their own, the court-ordered child custody agreement is meant to ensure that the minor's needs are protected in the best manner possible. Kentucky parents who are concerned that their current arrangements are no longer suitable may need to petition for a modification.

Recently, a family court judge made the determination that a prior custody plan that provided for joint legal custody was no longer suitable for one child's needs. The parents had married in 2006 and were divorced by 2009. The custody plan for their then-toddler awarded physical custody to the mother while both parents shared in the legal custody. The father of the child is of the Muslim faith while the formerly Christian mother had converted for the sake of her new spouse.

Garage sale; dress burning helps woman celebrate divorce

There are many life events that people enjoy celebrating with family and friends. While a divorce may not be the first occasion that comes to mind for a celebration, there may be many reasons why a former spouse would want to formally note his or her new-found freedom. Kentucky residents who are hoping for a fresh start after an unhealthy marriage may find their own ways to mark this life-changing moment.

Recently, one woman chose a unique way to publicly celebrate the end of her unhappy marriage. According to her account, her former husband engaged in infidelity and abusive behavior. She received her final divorce decree at the end of January and decided to honor the occasion by holding a garage sale with a party-type theme.

A business in a high asset divorce requires in-depth valuation

Seeking a dissolution of a marriage is never an easy undertaking. If there is a business involved in the process of seeking a high asset divorce, then the matter may become even more complex. Kentucky residents can obtain the services of professionals who can ensure that the company is given an in-depth valuation.

There are several key points to keep in mind when a business will be a part of any divorce settlement. The first of which is to obtain an accurate valuation of the company. This is usually approached in three main ways: income, value of the company and market influences. It may be difficult for the spouse who is not actively involved in the running of the company to ascertain its true worth. An experienced professional could be consulted who could then review the books, conduct a thorough inspection and interview key personnel, which will help provide a clearer picture of the asset's overall worth.

When you can't keep up with your spousal support payments

You did it. You went through the divorce process and are now working on moving forward in your life. As part of your divorce decree, you've been ordered to pay spousal support -- also known as maintenance -- to your ex. At first it was okay, but a change in circumstances has made it difficult to keep up with this obligation. What can you and other Kentucky residents in your situation do to turn things around?

When a divorce decree is finalized, you may not feel that you can change it down the line. It's final, right? Not necessarily. While there are some things you may not be able to change, modifications to maintenance obligations are possible.

Suggestions that may make divorce court less intimidating

When the marriage vows were exchanged, the focus was more on making the event memorable and joyous. When it comes time to make an appearance before a divorce judge, the focus is more about getting through the process as smoothly as possible. There are some suggestions that may prove helpful for Kentucky residents who are preparing for their own day in court.

There are many details that must be attended to when the court day arrives, the first of which is to be as prepared as possible. Consulting with an experienced attorney can go a long way in ensuring one is able to state his or her case clearly and concisely, including having all pertinent paperwork and financial documents ready ahead of time. It may also improve one's case to have an understanding of how the courtroom works and ensuring that one presents a respectable appearance.

Special needs child requires different child custody approach

As every parent knows, raising children requires endless stores of patience, energy and financial resources. When a marriage ends in divorce, then the workload for each parent may seem to increase as they try to determine the best child custody plan for their family. Kentucky parents who have been through this are aware that there are many factors to take into consideration when a divorce disrupts family life.

If a couple is raising a special needs child, then the approach to determining a suitable parenting agreement may be more complicated due to the needs of their particular child. One of the first steps for parents and their attorneys to undertake is to fully grasp the needs and conditions of the child. This can be accomplished by researching the disability involved, discussing the issue with current health care providers and consulting with the child's educators.

Tasha Scott Schaffner, PLLC - Attorneys at law

505 Centre View Blvd.
Crestview Hills, KY 41017

Phone: 859-491-1011
Fax: 859-491-1899
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