Family Law in Owensboro Explained
Understanding the Basics of Family Law in Owensboro, Kentucky
Family law covers a variety of issues that can impact a family in its entirety or only specific members. It is not limited to the nuclear family but can include grandparents, uncles, aunts and other extended relatives. Any issue that can affect family members — including spouses or other relatives — can fall under this area of law. Family law cases generally involve the local court’s jurisdiction to make decisions in how assets and other responsibilities are distributed among family members.
These legal issues often involve: divorce, child custody, parenting time, child support, spousal support, alimony, paternity, adoption, guardianship and emancipating a minor.
As you probably know, Kentucky is a no-fault divorce state, which means the state does not place blame on any one party when a divorce is filed. Kentucky’s grounds for divorce are:
Filing for divorce requires you to file a petition with the court that explains all of the circumstances surrounding your request and what you want to achieve through the process. After the petition is filed, you will be required to serve it on your spouse by having them personally delivered a copy of the papers. From there, the two parties will negotiate the terms of a divorce order, including child custody agreements, child support payments, alimony and, if there are minor children or school-aged children involved, parenting time.
In Kentucky , if a minor child is born to unwed parents, paternity must be established before a formal custody designation. Unlike divorce, you can have the Kentucky Department of Vital Statistics establish paternity when birth certificates are signed to record the identity of the father. Alternatively, paternity can be established voluntarily, through DNA testing, or by agreement of paternity in front of a circuit court. Finally, the government can take action to establish paternity on behalf of a child, if there has been abandonment.
When paternity is established, single parents have the same legal rights to child custody as divorced or married parents. In most cases, they will share custody and visitation. If no agreement can be reached during negotiations, the matter will go to a judge, who will make the final decision based on what is in the best interest of the child.
The presence of abuse in the family courts can be complicated. Primarily, the court will focus on protecting all parties involved — in particular, young children who may be the target of violence. To protect children, judges have the authority to:
If you are facing a threat in the family system, the court can grant a protective order for victims of domestic abuse or family violence. This action can help you avoid further trauma, but it requires strict guidelines about where you can go and whom you can call or be in contact with, so it is not a decision to make lightly.
The Divorce and Separation Process
Divorce and legal separation processes in Owensboro, KY
When it comes to divorce, there are two types of proceedings in Kentucky – divorce and legal separation. While the terms are often used interchangeably, they are not synonymous. A divorce is filed in Circuit Court. If you are separated, yet married, you have a legal separation through the District Court. These court proceedings are separate entities. Divorce proceedings will typically include many facets. These facets go beyond pure grounds for divorce and encompass the following:
The grounds for obtaining a divorce in Kentucky is either general or specific. The general fishers performs as a catch all over legal grounds for divorce. Once a divorce is initiated in Owensboro, a temporary injunction is usually put in effect.
The Temporary Restraining Order is another tool used by Divorce Court in Owensboro. This is very important, especially in cases of domestic violence, allegations of abuse or concerns over assets disappearing. This temporary restraining order blocks both sides from getting rid of items such as cars, real estate, appliances and furnishings.
Following the Temporary Restraining Order, it is likely that a moveable property list, schedule of property and debts and financial disclosure form will be filed. This provides the Court a clear account of the property and debts held by either party. The parties must come up with their respective lists and provide the list to the other party within 30 days of filing an action with the Court for divorce. In Kentucky, a child custody evaluation order is determined based on the best interest of the child or children in question. The child custody evaluator, once appointed, conducts an interview with each parent individually, as well as the children involved in the divorce proceeding. This evaluator also looks at the home and the community, following which a recommendation is released to the court on the custody and parenting time of the child or children. Best interests of the child are a critical aspect of child custody issues in every state. The Kentucky Divorce Court and District Court believes that the best interest of the child is to have both parents in his or her life. Psychological experts, judges, and attorneys agree on this. Children are fragile and need both parents.
Child Custody & Support
Within the realm of family law, divorce refers to the dissolution of a marriage bond recognized by law. The court system then has the task to define legal matters such as child custody, visitation, and child support. However, the law does not define what the terms "best interests" of the child(ren) or "fair" mean. Guidelines for determining legal matters related to child custody and support can be found in the Kentucky’s Revised Statutes Chapter 403 and Rules of Civil Procedure. When parents file actions in Owensboro, Kentucky on premised allegations of parenting-related issues, it is essential to include the allegations with appropriate evidence, and detailed motions and emergency motions. The court system will then evaluate the claims, look for evidence of domestic violence and other violence to children, and make custodial decisions accordingly. Ex parte orders are granted rapidly and routinely when the moving parent presents evidence they or their children have been a victim of violence or fear they will soon be victims. Within the court system, custody proceedings are conducted in an adversarial manner. It is up to the parties to present witnesses and evidence, for the court system to hear testimony on each side, and make decisions concerning child custody, visitation, and child support. In the midst of this process, parents are often counseled to compromise as a matter of practicality, and to think every situation through for the best interest of the children. It has been my experience that it is typical for a parent to be frustrated by the amount of time and money spent through the court system for the parties to reach an agreement, for the sake of the children. Nonetheless, rights are asserted and protected through the court system. While proprietary, accusations of alienation of affection, domestic violence, substance abuse, extortion, and other factors related to criminal behavior towards a current of former spouse or children are the leading causes of disputes in the court system. After the initial round of allegations have been presented, the parties are ordered to provide disclosures related to income and employment. Each parent is summoned to disclose income and employment information, from which child support is calculated. Child support is calculated based upon a formula: (82 CS 6) Formula for supportive responsibilities (divorces finalized after December 31, 2008). The court system has established a formula for calculation of child support that may be used in the determination of monetary support amounts in Owensboro, Kentucky. Additional financial matters related to child custody include medical and educational support provided by overpayment plans, insurance plans and Medicaid. Once existing orders are entered by the court and guardianship is established, transfer of the minor children cannot be obstructed. Failure to adhere to orders may result in monetary fines and/or imprisonment. Parents are generally counseled to prepare to observe total compliance with the court order or risk paying consequences in monetary or custodial terms.
Adopting a Child
Adoption Procedures and Requirements in Owensboro, KY are designed to help as many families realize their dream of having a child as possible. In Kentucky, there are five basic categories of adoption: Each type of adoption involves different procedures and requirements, but the overall process is very detailed, taking into consideration the best interests of the child, as well as the background and preferences of the birth parents and prospective adoptive parents. The adoption phases for all qualified families include: Although the adoption process sequence for all five types listed above is unique to the relative methods of adoption, all adoptive families will likely go through the same set of procedural steps: If any one of these steps is missed, or not followed precisely, the prospective adoptive parents may find that their adoption is not granted. Requirements for specific types of adoptions and those seeking to adopt a child through that method will require additional procedural steps. For example, private agency adoptions require a home study above and beyond the physical and mental examination of each prospective parent. In addition, agencies may have strict rules about the ages of parents, their income levels, and their prior parenting experience with children. Some of these rules are even stricter when dealing with international adoptions. The best way to ensure that you have met all adoption procedures and requirements is to hire a qualified Owensboro family law attorney immediately. Errors in the family law area – a field known for being particularly detail-oriented – can be extremely costly and may well prevent a successful adoption from happening.
Domestic Violence and Protection
Navigating the complicated water of domestic violence can be overwhelming, particularly if the laws and procedures are formulas for disaster. Fortunately, protect yourself and your family is possible. Below we take you through some of the basic legal resources available to domestic violence victims in Owensboro, KY. The first step that many turn to when family turmoil has moved to the point of abuse is an emergency protective order. These orders, which are also a form of domestic violence protection order, farmers lawfully prohibit behavior such as harassment, stalking, and other threats of physical or sexual violence. They can even serve to temporarily enjoin abusers from living in the family home. Obtaining an emergency protection order can be a relatively quick process when the need for one is justified. After petitioning a Court for the injunction and filling out the necessary forms, a Judge will review the situation. If there is enough evidence of abuse, the Court will grant the order and it will legally remain in place for up to 14 days , or longer at the Placing of the Court. If you have been the victim of abuse in the past and are concerned about your future physical safety, a domestic violence permanent protection order may be the right choice. These injunctions often become permanent and are meant to remain in force until cancelled by the Court. A permanent domestic violence protection order may also last until the child of domestic violence is 18 years old. Obtaining a permanent protection order is a much lengthier process than the emergency variety, with multiple hearings likely needed over time, all of which will explore the degree of danger you and your children are currently facing. While this requires a commitment on your part, the benefits can be significant – including the potential for damage awards, therapy and counseling, and child custody determinations. If you need help filing an order of protection, terminating a marriage that has been marred by domestic violence, or obtaining a child support order after fleeing abuse, seek the advice of a lawyer who focuses exclusively on criminal law and family law. This is a specialized field of practice, where a single mistake can have dire consequences.
Finding a Family Law Attorney
Choosing a family law attorney is an essential step in the process of going through a family change, whether it is a divorce, custody battle, or another issue. As a resident of Owensboro, KY, you will want to choose an attorney with experience in the local community to ensure that you have a competent advocate who can look out for your best interests. However, there are many other factors that matter when it comes to hiring a family law attorney.
While you may have a friend or family member recommend a family lawyer to you, it is best to do your own research. Before hiring a lawyer, you should look to see what people have said about him or her online. While it is easy to come across fake reviews, you should be able to get a general idea of the lawyer’s reputation by browsing their reviews on platforms such as Google Maps or their website.
Additionally, you may want to schedule a consultation for your family law attorney to evaluate your case and explain the legal process. Many family lawyers in KY offer free consultations. This is an important opportunity for you to get a general idea of their style and how they work.
Owensboro residents will want to choose their family law attorney carefully, as the process can be confusing and stressful. An expert family law attorney will know exactly what a client is going to need during the process, so it may be helpful to choose someone who has been practicing for many years. At the same time, some may want to hire a new lawyer who charges less, and if you plan to go through a straightforward divorce, for example, there may not be a need to hire someone with more experience.
When you are going through a family law issue, you may want to hire someone who takes an empathetic approach to your situation. Along with having extensive experience in these matters, a family law attorney should also demonstrate that he or she is looking out for your best interests and is on your side of the issue.
Having an open line of communication with your family law attorney is important, as this relationship is built on trust. When you hire a family law attorney in Owensboro, KY to assist you with your case, it is up to you to provide them with access to information that may be relevant to your case. You will want to select a family law attorney who makes you feel comfortable sharing this information, as well as one that stays in touch with you throughout the process.
Lawyers in Kentucky usually charge on a per hour basis. With that in mind, if you are looking for a cost-effective solution that works for you, it is best to hire a divorce attorney who offers rates that are within your budget.
Common FAQs about Family Law
Here are some common questions people have about family law matters and how they affect you:
Q: What happens if I move out of the marital residence before filing for divorce?
A: Moving out of the residence will not have a bearing on whether you are entitled to have the residence awarded to you during the pendency of the case. The court will examine the circumstances of each party’s situation and make a determination based upon what is in the best interest of the minor children and what is equitable in terms of the parties’ respective incomes and the availability of funds .
Q: Is there anything I should do before filing for divorce?
A: Depending on the circumstances, it may be wise to talk to an attorney before filing. For example, if the decision has been made to file for divorce and there has been any sign that the other side may become angry or violent, it may be a good idea to prepare before moving out or initiating divorce proceedings. Contact an attorney to discuss what facts may be important to your situation.
This is just a small selection of frequently asked questions. We recommend you contact our office right away if you’re seeking a divorce in Owensboro, Kentucky.