Legal Question in Family Law in Kentucky

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Generally speaking, however, the relative incomes of the two parents is not an important consideration in custody matters. A judge will be more interested in the individual level of parental involvement in the child's life. A parent who works from her home would seem to have an advantage over a parent who is away for a large part of the day.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]

Custody of children is determined based on the best interests of the children. Factors the court considers are the wishes of the parent(s) and child (if appropriate), the interaction of the child and parent(s), child's adjustment to home and school and a host of other factors. Generally, courts award joint legal custody which means both parents have an equal say in the decisions concerning their children. However, the time possession, either called visitation or parenting time, is what generally becomes an issue in most cases involving children. The Court will review the above factors to determine visitation. With you being at home with the children, this will have an impact on the decision of a judge, however, it is not the only factor.