In the last week, after over 50,000 views on my post concerning the new Kentucky Law concerning 50/50 parenting time, I have been overwhelmed by calls and emails. I am going to set out and answer those questions most frequently asked, and set out some of the finer points and details to the best of my ability. Let me first say that the law actually goes into effect on June 29, of 2017. As such, some question remains about how each court will apply the law and what types of schedules will be used for the equal parenting time. However, most of the questions I have been asked can be addressed now.
The most frequent questions have been as follows: 1. How will the new law affect child support?; 2. What about when the other parent hasn't seen the child, is dangerous, or otherwise inappropriate when caring for children- are the children now forced to see the other parent half the time?; 3. What about people who have been trying to get 50/50 and have been denied- can they now file for 50/50 custody?.
Starting with question one- Many people have asked or commented that they think that child support would no longer be paid in a 50/50 situation where the parents have joint custody and equal parenting time. However, that is not the case; there are situations in which child support is still appropriate in a 50/50 parenting time situation. Many courts, such as the Daviess Family Court, have developed formulas which take into account the amount of time each parent has the child and more evenly distributes the cost of raising the children. While that formula may at times cause a reduction in child support paid, it still takes into account the proportion of income of each party as set out in the child support statute, often leaving some amount to be paid by one party or the other. However, each court has the right to calculate child support according to the statute, and not all courts use that formula. Hopefully, at some point the legislature will give some guidance in the form of updating the statute to streamline the process across courts and counties. Let me finally say about child support-if the only reason you want to go to court to change the parenting time is to get a reduction in child support, you should know that most judges see right through that, and will likely not grant your request. You should only be seeking 50/50 custody when its in the child's best interest and not about supporting the child.
Second, many people were concerned that there child who hadn't seen the other parent in years, or had a parent that was inappropriate due to drug use, or criminal problems, would now be forced to see that parent half of the time. The new law only creates a presumption that 50/50 is appropriate; the courts will still have flexibility to set other arrangements and custody orders if evidence is presented to convince the court that 50/50 isn't appropriate. Assuming that evidence is that the parent hasn't been around for years, or is in some way dangerous, the courts can enter orders appropriate to that situation whether it be sole custody, supervised visitation, therapy, etc. The children should not be forced under the law to be around a parent that presents a danger without restrictions, nor be thrown into a 50/50 situation with a parent that has a limited relationship with the parent. However, many courts are beginning to order services to repair and address those issues to allow each parent to be a part of the children's lives; to that extent, the other parent at some point get more time with the children if they address there issues. The point is, the courts still have a great deal of flexibility to do what is in the best interest of the child taking into account each situation.
Third, can you revisit your current custody orders and modify the arrangement to 50/50? Maybe, but it is not automatic. While there is a presumption that will be set in place that 50/50 is best, it can be overcome by evidence that its not in the best interest of the child. If you have a positive relationship with the child, and are involved with the child and invested in the child's life, and increasing time won't disrupt the child's life or routine that may have been in place for a lengthy time, then perhaps you should revisit your situation to assess if a 50/50 situation would work for your family, and the courts may grant a request. However, if you have not seen the child in 10 years, or have rarely followed your visitation/parenting time schedule, the objecting parent may be able overcome the presumption. By that time, routines may have been made centered around the child including school, sports or other activities, visiting family, sleep schedules, and any number of other things. Disrupting those routines could be detrimental to the child. If you have criminal, mental health issues, or unaddressed substance abuse issues, the courts can still take those facts into account and not grant the request. Each situation is unique; you should consult an attorney if you think that a modification is appropriate for the child.
If there are comments with other questions, I may address them again in a later post, or in the comments below. I hope that sheds some light on the law. The biggest point to make is that the law is not an automatic everyone gets 50/50; rather, a presumption that 50/50 is best until the court is convinced otherwise. In my opinion, its a good way to address the situation. It streamlines the courts to some degree and puts the child at the center. Yes, it may cause some families to fight even harder or more to try and overcome the presumption or revisit the issue; however, in most cases, if the Parties are in a fight over custody and parenting time, they are already being very contentious. Ultimately, that is the real problem that we need to address in these times of high rates of divorce. Until then, the courts will have to continue to employ methods such as this to try and stabilize children's lives.