How to Get a Temporary Custody Order in Kentucky While Your Divorce is Pending

When a Kentucky couple divorces, children often feel the disruption most: new living arrangements, changing schedules, and unfamiliar routines can all take a toll during an already difficult time. A divorce proceeding takes between 60 days and a year. To maintain the stability of minor children, either spouse can seek temporary custody.

An experienced divorce and family law attorney can explain the legal nuances of custodial decision making and parenting time as well as how temporary custody orders work. Knowing the responsibilities and limitations of legal custody can clarify a parent’s approach to other divorce-related issues.

What Is a Temporary Custody Order?

In Kentucky, shared parenting means both parents are equally responsible for the child’s day-to-day care, including cooperating with a schedule for visits to the other parent.

A parent may seek temporary custody orders from a family court judge as soon as the divorce petition has been received by the court. A temporary custody order determines who makes major decisions on the child’s behalf and sets forth a parenting time schedule. The judge may also establish temporary child support at the hearing. It is calculated under the state’s child support guidelines using each parent’s income and the parenting time schedule, so the child’s needs are covered throughout the divorce.

Optimally, both parents submit an agreed temporary custody arrangement with a mutually acceptable parenting schedule. If the court finds the plan adequately protects the child’s welfare it may become the court’s temporary order.

Kentucky’s Presumption of Temporary Joint Custody

Kentucky was the first state to include a presumption of joint custody and equally shared parenting time into its laws. The following criteria are considered by the court when deciding whether to proceed with joint custody:

1. The best interest of the child
2. The child’s relationships with family members
3. The wishes of the parents and the child
4. The child’s adjustment to home, school, and community
5. The mental and physical health of all involved

The presumption of joint custody is automatically rejected if a parent has been found responsible for child abuse or domestic violence.

Filing for Temporary Custody

A divorce petition must be filed before the custody request can be accepted by the court. Steps for filing for temporary custody include:

1. Prepare a motion and a supporting affidavit, which describes the petitioner’s caregiving history, the child’s current routine, and the proposed parenting schedule. Notarized copies must be filed together.
2. Have the motion formally delivered to the spouse (“served” according to the court’s requirements). They have a right to respond.
3. Prepare for a provisional or preliminary hearing, scheduled by the court, at which a judge can enter temporary orders regarding custody, visitation, and financial support.

How a Temporary Custody Order Works

A temporary order is effective from the time it is issued to the final divorce decree. The judge may reach a different conclusion regarding custody after reviewing all of the evidence presented during the divorce hearing, resulting in a different custody arrangement after the divorce. If the divorce case is dismissed, any temporary custody order is vacated unless a parent asks the court to continue the matter as a standalone custody proceeding.

Why An Attorney’s Guidance is Critical

Temporary orders are technically interim measures but the arrangement in place during the divorce often influences the final outcome because judges value stability for children. An experienced family law attorney from Howell Law PLLC can guide you through the divorce process, including building a persuasive motion and affidavit to protect your parenting from the outset. Call for a consultation today.