Legal Question in Family Law in Kentucky

how does one parent give full custody to another parent


Asked on 9/01/10, 4:49 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

If both parties are in agreement, all you do is draft, sign and submit an Agreed Custody Order. The court will review it, and almost always will sign it and enter it. There might be other requirements as well, depending on your county. You should check with your local circuit court clerk to find out. Your local clerk's office might even have forms to accomplish this without going through an attorney. If not, you can retain an attorney to draw up the papers and negotiate a flat fee. Or if you cannot afford an attorney, check with your Legal Aid or your local bar association for pro bono/reduced fee services.

Keep in mind "full custody" is not the correct term of art. There is "sole custody" and "joint custody" in Kentucky. This refers to legal custody, i.e. decision-making ability. Often times two parents have joint custody, but one parent is the custodial parent, and the other parent has visitation. The amount of time a parent gets with the child is called "time-sharing." The parent with the least amount of timesharing pays child support to the parent with the most amount of timesharing. Be certain you are clear on what you want the documents to say.

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Answered on 9/07/10, 12:53 pm


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