family law Archives

Understanding the Children’s Bill of Rights

During a divorce in Kentucky, children often end up forgotten or overlooked because parents are too focused on their own needs and situations. While many parents try to keep their kids’ well-being in mind, it is very easy to slip into bad habits that can have detrimental effects on a child. In an effort to help children whose parents are divorcing, there has been a move to create and implement a Children’s Bill of Rights.

How to avoid mistakes in a high asset divorce

Kentucky couples with high assets have plenty to gain, and plenty to lose. Because of the high stakes feeling of getting divorced with a lot of finances, property, or assets on the line, there are certain mistakes that should always be in the peripheral of a divorcing couple's eye so that they may be avoided.

What are the qualifications to adopt in Kentucky?

Adopting a child is a worthy pursuit. Providing a home to a child who does not have one is something to be proud of and well worth pursuing. However, in Kentucky, there are specific requirements that must be met to ensure you are a suitable parent and eligible to adopt. These rules are put in place to guarantee children go to homes where they will be protected and cared for. Many of them have already been through a lot in their short lives so the state wants to guarantee when they are adopted, it will be a good situation.

Do grandparents have custody or visitation rights in Kentucky?

If you are a grandparent, you likely want to be able to be an active part of your grandchildren’s lives. This is natural and normal. It is what comes along with being a family. However, unlike the rights you had to your own children when they were still minors, you do not share those same automatic rights to your grandchildren. This can produce sticky situations, especially if you are not getting along with your child or in the event of your child’s death.

What is considered marital property?

Kentucky is one of many states in the nation that follows an equitable distribution of property model when couples choose to file for divorce. Rather than split all marital property equally in half, the judge presiding over the case will determine who is entitled to what after careful consideration of several factors.  In order to do this, however, the judge must have a comprehensive list of each party’s separate property, as well as all of the property that has been accumulated during the course of the marriage. At Gatlin Voelker, PLLC, we know that some people may not receive all of the marital property they are entitled to. When going through divorce, you should understand what property you are able to receive in the divorce settlement.

What visitation rights do Kentucky grandparents have?

If you are a grandparent in Kentucky and animosity exists between your grandchild’s parents, you may not be able to visit with your grandchild as much as you may like, or at all. If you would like more visitation with your grandchild, often the easiest method is to simply make your request known to the child’s parents. You may be able to pursue grandparent visitation through the court system, however, if you cannot agree to it through other means, if the court believes visitation with you is in the best interest of the child.

Civil divorce: The benefits of mediation

While some people spend months or years battling out the terms of a divorce through courtroom litigation, others may be able to civilly negotiate a settlement using mediation. This non-confrontational form of divorce allows couples in Kentucky and across the United States to customize the items included in the settlement, rather than have a court-appointed judge determine who is entitled to what in the final decree. At Gatlin Voelker PLLC, we know that the benefits of mediation can help many couples through the divorce process.

Custodial vs. non-custodial parents

From alimony to the distribution of property a couple obtained over the course of their marriage, family law issues often result in a number of challenges for couples. However, those related to children, such as child support and custody, are often particularly stressful for people in Fort Mitchell, and across the whole state of Kentucky. For parents, it is crucial to understand key terms, such as the differences between custodial parents and non-custodial parents.

What should I know about child support in Kentucky?

Along with the many other traumatic aspects of divorce, you may also be concerned about the procedure for handling child support in Kentucky. To this end, it’s essential that both parents are fully informed about the process, despite whether you are considered the custodial or non-custodial parent. Like in many other areas of divorce, having the right information will often facilitate a much smoother process.  

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Gatlin Voelker, PLLC
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