What To Expect in Kentucky's Custody Court Process

Seeking child custody is one of the most important parenting decisions you'll ever make.

Most Kentucky parents reach agreement on parenting issues, avoiding a court hearing. They still need to open a case and turn in their agreement for approval so they receive a court order.

Your local court has its own process. It's a good idea to hire an experienced family lawyer. Meanwhile, read on to anticipate what your custody case may involve.

What your case will cost

Expect to pay about $200 to file for divorce or $350 for custody if you're not divorcing. Each Kentucky circuit court sets its own fees.

Serving papers to the respondent costs about $50, depending on the method.

It's common for local courts to require parents to take a divorce education class. Most courts allow online classes, but some require in-person classes. You may be able to choose a class from court-approved providers. They cost about $25–$75.

If the two of you are arguing, the judge may order you to split the cost of mediation or co-parenting counseling, which could be several hundred dollars.

Most of your costs depend on whether you hire a lawyer and how long and complex your case is. A lawyer charges several hundred dollars an hour.

How long it will take

When one parent files for custody, the other parent has 20 days from the date of service to respond.

Your timeline will vary depending on what your case involves, what each of you is asking for, and your local court's procedures.

If you're divorcing, you must wait at least 60 days for a trial. The clock starts when the respondent is served or (if they're missing) the court appoints someone to find them; when the respondent answers; or when one parent tells the court they have a lawyer.

Furthermore, you can pursue a divorce while you still live together, but the judge can't finalize it until you've lived apart for at least 60 days.

Whether seeking divorce or custody, you'll likely wait several months for trial. Settling is faster, and most parents take this option.

Opening a case

In Kentucky, custody cases between parents (divorcing or not) go through circuit court. One of you opens a divorce or child custody case, which involves filling out paperwork, paying a filing fee and serving the papers to the other parent.

If the other parent is a danger to you or your child, request a protective order at this stage or even earlier. You can fill out a Petition for Domestic Violence Protection online or go to your local courthouse. If your child is at immediate risk, you can file a Juvenile Dependency, Neglect or Abuse Petition along with an Emergency Custody Order Affidavit. Learn more about how to get a protective order (PDF).

Trying to reach agreement

If you reach agreement, you won't need a final hearing or trial. As you work toward agreement, continue through the steps below. Once you turn in an agreement, skip to "After you receive your court order."

Judges usually approve agreements on custody and visitation — and sometimes agreements on child support — when those arrangements are in the child's best interests.

Technology makes it easy to write a parenting plan and a visitation schedule that both of you, and the judge, can clearly understand.

If it's hard to speak to your ex, try mediation or co-parenting counseling. The court may also order you to try these strategies, for which you'll probably have to pay. You could also communicate through lawyers.

As you negotiate, keep your focus on your child and on the child's best interests. A judge may consider a mature child's wishes.

If you're committed to settling, you may benefit from collaborative law, in which both parents work together with the same professional team. Find legal, financial and counseling help through the nonprofit Academy of Northern Kentucky Collaborative Professionals.

Mediation

When the court orders mediation, parents must usually split a standard mediation rate based on their ability to pay. The mediator reports back to the court whether you reached full, partial or no agreement. The court won't require mediation when there's been abuse in the relationship.

If both parents hire a mediator privately, there's no limit to what the mediator can charge and it's up to the parents to decide how to pay.

Any agreement you reach is entered into the court record. A mediator can also report domestic abuse. Otherwise, what you discuss in mediation is kept confidential from the court.

Conferences and hearings

Some Kentucky judges schedule a case management conference as soon as they know that the case is contested, i.e., that the parents haven't been able to agree. Others wait for a parent to request the conference.

The case management conference is a 30-minute hearing. If you have lawyers, they'll attend. You'll tell the judge what you're arguing about. They'll get a general sense of your situation, including how much time you need to prepare for trial and the length of the trial itself. If you'd like a specific request heard at the case management conference, file a motion at least seven days before the conference.

As your case proceeds, you may have other hearings, e.g., if one of you seeks a temporary custody order to create stability for your child during a long court case, or if one of you wants to move out of state.

Custody investigations

Kentucky courts can appoint lawyers to investigate what would be best for the child. Expect this if one parent makes a serious accusation about the other, challenges a key fact or if your child is at risk.

A friend of the court serves as the court's agent. They investigate the custody situation — for example, when one parent accuses the other of being unfit. Parents have access to the evidence they gather. They can depose witnesses, make expert recommendations, give expert testimony and be cross-examined. They can enforce and request changes to IV-D child support orders.

A guardian ad litem serves as the child's agent. In dependency, neglect and abuse cases and in some adoptions, they conduct a home visit at which they interview the child. They represent the child's best interests, not necessarily what the child says they want. Similar to a lawyer who represents a parent, they can introduce evidence and file motions in court, but they can't testify or submit expert recommendations.

Trial and preparation

At any point, if you reach a partial agreement, submit it so the judge knows which issues you've resolved. The court may require you to try to reach agreement at a pretrial conference before it schedules a trial.

If you don't settle, one of you will file a request (called a notice motion) for a hearing before a judge. You'll be scheduled to appear at a motion hour, at which the judge will schedule your trial.

Meanwhile, you'll do discovery (formally requesting information from each other). You'll have deadlines to respond. Once you have each other's information, prepare your witnesses and evidence, and submit lists of both to the court. These are likely due about 10 days in advance of your trial.

If you're representing yourself, familiarize yourself with the Kentucky Rules of Evidence and the court rules:

• For divorce, custody and other family cases, consult the Kentucky Rules of Civil Procedure.
• For criminal charges of abuse, consult the Rules of Criminal Procedure.
• For a dependency, neglect and abuse case that goes through juvenile court, consult the Juvenile Court Rules.
• In addition, each local court has its own rules.

In Kentucky, a judge (not a jury) decides family cases. Trials are open to the public unless the judge says otherwise.

On the day of your trial, you'll present arguments. The judge could give you a decision immediately or a few days later.

After you receive your court order

As soon as you receive a custody order, you have to follow it. If you're having trouble with your co-parent, remember that mediation is an option. If you return to court for help enforcing the order, the court may order you to try mediation.

Interpreting the order

If mediation is unsuccessful, the court may order you to use a parenting coordinator: an experienced lawyer, psychologist or social worker trained in resolving family conflicts. They're empowered to make small revisions to your schedule, and they can suggest larger revisions to the court.

Changing the order

Wait at least two years before seeking a change to the basic custody determination, i.e., sole or joint custody. (You don't have to wait when a child is endangered or living with someone other than the custodial parent.) You may request smaller changes at any time.

It costs nothing to file for a modification. File with the local Kentucky court that handled your original custody determination.

Throughout the custody process

During the custody process, you may need to create a parenting time schedule, write a parenting plan, keep a log of interactions with the other parent, and more.

The Custody X Change online app enables you to do all of this in one place.

With customizable parenting time calendars, a parenting plan template, a digital journal and other tools, Custody X Change makes sure you're prepared for whatever arises in your journey to child custody.

Throughout your case, take advantage of our technology to stay on top of all the moving parts.

Our professional sources

Brooking and Halloran PLLC
Brian Halloran
Fort Wright, KY

Helmers and Associates
Melina Hettiaratchi
Louisville, KY

O'Hara, Taylor, Sloan, Cassidy, Beck
Alexandria Jones
Crestview Hills, KY

Vowels Law PLC
Austin P. Vowels
Henderson, KY