Summer break is approaching!

Melissa DossCustody, Divorce

If you are recently divorced with children, here is a review of the Kentucky Court guidelines for time sharing as the 2018 school year comes to an end. The full document can be found HERE.

The following schedules are suggested as guidelines for the parents and the court establishing time-sharing/visitation schedules. Each case will present unique facts or circumstances which shall be considered by the court in establishing a timesharing/visitation schedule and the final schedule established by the court or agreed to by the parents may or may not be what these guidelines suggest.

EACH PARENT SHALL:

BEHAVIOR
A. Realize that these Guidelines require both parents to put the child(ren)’s needs ahead of their own, to actually utilize the timeshare granted, and to be responsible for getting the child(ren)’s homework and other activities done during that parent’s time with the child(ren).
B. Understand that there may be circumstances from time to time with regard to work schedules and/or activities of the child(ren) which require flexibility and cooperation, and that changes in scheduling may be required.
C. Do not send written or verbal messages to each other through the child(ren).
D. Keep the other parent advised as to current residential address, business address, telephone numbers for home, work, cell phone, fax and pager for the purpose of notification unless otherwise ordered by the Court. Each parent shall provide to the other parent contact numbers and addresses where the child(ren) can be located during their scheduled timesharing / visitation time.
E. Do not schedule activities for the child(ren) when the child(ren) are to be with the other parent, without first consulting with the other parent.
F. Cooperate to ensure that the child(ren) have appropriate clothing and other personal items at both parents’ residences.
G. Do not do or say anything that will interfere with the love and affection of the child(ren) for the other parent or allow third parties to do or say anything to or in the presence of the child(ren) that will interfere with the love and affection of the child(ren) for the other parent.
H. Do not consume alcohol, take illegal drugs or prescribed drugs, other than as prescribed, while in care of their child(ren).

TRAVEL
A. Be responsible to pick up the child(ren) from the other parent’s residence, school or daycare when assuming physical custody of the child(ren) unless otherwise ordered by the Court.
B. Do not unreasonably object to assistance in transportation by responsible third parties.
C. Do not turn over the child(ren) to an intoxicated individual.
D. Ensure the child(ren) are secured in an appropriate child restraint system when transporting the child(ren).
E. Be prompt when picking up or dropping off the child(ren). However, each parent is entitled to a thirty (30) minute grace period. After this period, the parent shall continue with their daily activities, and the timesharing is forfeited for that period for Parent B who is late. If timesharing / visitation is missed through no fault of Parent B and reasonable notice has been given, that time should be made up if reasonable to do so. If Parent A is more than thirty (30) minutes late, Parent A shall be required to schedule an additional visitation day (from 6:00 p.m. to 6:00 p.m.) within the next thirty (30) days.

SCHOOL / HEALTH
A. Have the right and responsibility to obtain schedule and activity information regarding the child(ren)’s school, daycare, healthcare or any other organized activity from any third party.
B. Have the opportunity to complete and view the school information for the child(ren), including emergency contact information, and persons allowed to pick up the child(ren) from school. Both parents shall be listed on all information with the school.
C. Keep the other parent advised as to the child(ren)’s serious illness or any other major development, whether medical, educational or otherwise.

MISCELLANEOUS
A. Realize that these Guidelines assume that both parents reside in Knox or Laurel County or an adjacent county. These Guidelines will not address all of the appropriate terms for timesharing of parents who do not live within a reasonable proximity of one another.
B. Realize that these Guidelines will apply only in cases where both parents have been involved in the child(ren)’s lives. The Guidelines would not be appropriate for cases in which the parent is a stranger to the child(ren).
C. Realize that timesharing in accordance with these Guidelines, or timesharing of less than these Guidelines, shall not be the basis for a motion to reduce child support or deviate from the child support Guidelines.
D. Times in this schedule are to be in the time zone where the child(ren) primary reside(s).
E. Realize that if an Emergency Order of Protection or Domestic Violence Order is in place between the parents, these guidelines may not apply as to contact and/or communication pursuant to the terms of the Emergency Order of Protection or Domestic Violence Order.

General Guidelines for Child(ren) of All Ages
1. Both parties shall be permitted reasonable telephone visitation with their child(ren) every day.
2. The regular weekend visitation schedule shall not change and all holiday, birthday, spring, summer, fall and winter break visitation shall supersede regular weekend visitation and regular weekday visitation on Tuesdays and Thursdays.
3. Child(ren)’s Birthday. The child shall celebrate his/her birthday in the home of Parent A, unless it falls on a visitation day for Parent B. If the child’s birthday does not fall on a visitation day, an additional, non-scheduled day shall be granted so that Parent B may celebrate the child’s birthday with him/her as well, from 9:00 a.m. until 7:00 p.m., if desired. This additional day shall be the first non-scheduled Saturday after the child’s birthday unless otherwise agreed by the parties.
4. Parent’s Birthday. The child(ren) shall spend each parent’s birthday with that parent, except in those years, if any, on which it is a holiday to be spent with the other parent. In the latter event, the child(ren) shall spend four (4) hours with the parent who is having a birthday, on the first day following the holiday spent with the other parent.
5. Parent A shall have all holiday and break visitation not otherwise granted to Parent B in these guidelines.

For Child(ren) Eighteen (18) Months to Three (3) Years
Regular Visitation.

Regular visitation with Parent B shall occur on alternate weekends from Friday evening at 6:00 p.m. to Sunday evening at 6:00 p.m. In addition, Parent B shall have visitation with the child(ren) on Thursday evening following Parent B’s weekend visitation from 5:30 p.m. on Thursday until the next morning at 8:00 a.m. and also visitation on Tuesday evening preceding Parent B’s weekend visitation from 5:30 p.m. on Tuesday until the next morning at 8:00 a.m.

Additional Holiday Parenting Time.

Parent B shall have parenting time with the child(ren) on New Year’s Day and July 4th in even numbered years (i.e. 2008) and Easter in odd numbered years (i.e. 2007) from 6:00 p.m. on the day prior to the holiday and ending 6:00 p.m. on the holiday. Parent B shall have visitation on Martin Luther King, Jr. Day and Labor Day in odd numbered years and on Memorial Day in even numbered years from 6:00 p.m. on Friday of the holiday weekend and end at 6:00 p.m. on the Monday of the holiday weekend.

Winter Break.

In families which celebrate Christmas, Parent B shall have the child(ren) each year from 1:00 p.m. to 7:00 p.m. on Christmas Eve and from December 26th at 10:00 a.m. through December 29th at 6:00 p.m. In families which celebrate Hanukkah, Parent B shall have three (3) consecutive days of visitation duringHanukkah, as agreed between the parties thirty (30) days in advance. In families which observe the religious holidays of Rosh Hashanah and Yom Kippur, Parent B shall have visitation for Rosh Hashanah in even-numbered years and Yom Kippur in odd-numbered years. In families which practice other religions, the Parents shall attempt to divide their religious holidays in a similar manner.

Spring Break.

Parent B shall have four (4) days with the child(ren) in March or April in even-numbered years. If the child(ren) attends preschool and the preschool has a spring break, the four (4) day period shall be during the time of that spring break.

Fall Break.

Parent B shall have four (4) days with the child(ren) in October in odd numbered years. If the child(ren) attends preschool and the preschool has a fall break, the four (4) day period shall be during the time of that fall break.

Thanksgiving.
Parent B shall have the child(ren) for Thanksgiving, beginning at 5:00 p.m. Wednesday and ending at 7:00 p.m. Sunday in odd-numbered years.

Mother’s Day/Father’s Day.

On Mother’s Day and Father’s Day, the child(ren) shall be with the appropriate parent from 9:00 a.m. to 7:00 p.m., regardless of who would have otherwise had the child(ren).

Summer.

Parent B shall have three (3) periods each summer of four (4) days each. Each party shall give the other party at least sixty (60) days notice of his or her vacation schedule so that both parties have an opportunity to have the child(ren) during their vacations.

For Child(ren) Three (3) Years and Older

Regular Visitation.

Regular visitation with Parent B shall occur on alternate weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. In addition, Parent B shall have visitation with the child(ren) on Thursday evening following Parent B’s weekend visitation from 5:30 p.m. until school the next morning or until 8:00 a.m. if there is no school that day. Parent B shall also have visitation on Tuesday evening preceding Parent B’s weekend visitation from 5:30 p.m. on Tuesday until school the next morning or until 8:00 am. if there is no school that day.

For the Tuesday and Thursday visitation under this section, Parent B shall be responsible for making sure the child(ren) is(are) taken to school during Parent B’s visitation period

Additional Holiday Parenting Time.

Parent B shall have parenting time with the child(ren) on New Year’s Day and July 4th in even numbered years and Easter in odd numbered years from 6:00 p.m. on the day prior to the holiday and ending 6:00 p.m. on the holiday. Parent B shall have visitation on Martin Luther King, Jr. Day and Labor Day in odd numbered years and on Memorial Day in even numbered years from 6:00 p.m. on Friday of the holiday weekend and end at 6:00 p.m. on the Monday of the holiday weekend.

Winter Break.

In families which celebrate Christmas, Parent B shall have the child(ren) each year from 1:00 p.m. to 9:00 p.m. on Christmas Eve and from December 26th at 10:00 a.m. through December 31st at 6:00 p.m. In families which celebrate Hanukkah, Parent B and Parent A shall equally divide visitation during Hanukkah, as agreed between the parties thirty (30) days in advance. In families, which observe the religious holidays of Rosh Hashanah and Yom Kippur, Parent B shall have visitation for Rosh Hashanah in even-numbered years and Yom Kippur in odd-numbered years. In families which practice other religions, parents shall attempt to divide their religious holidays in a similar manner.

Spring Break.

Parent B shall have nine (9) days (five (5) weekdays during which spring break is observed plus the weekend before spring break beginning Friday at 6:00 p.m. and the weekend after spring break until Sunday at 6:00 p.m.) with the child(ren) in March or April when spring break is observed by the child(ren)’s school in even-numbered years.

Fall Break.

Parent B shall have nine (9) days (five (5) weekdays during which fall break is observed plus the weekend before fall break beginning Friday at 6:00 p.m. and the weekend after fall break until Sunday at 6:00 p.m.) with the child(ren) in September or October when fall break is observed by the child(ren)’s school in oddnumbered years.

Thanksgiving.

Parent B shall have the child(ren) for Thanksgiving beginning at 5:00 p.m. Wednesday and ending at 7:00 p.m. Sunday in odd-numbered years.
Mother’s Day/Father’s Day.

On Mother’s Day and Father’s Day, the child(ren) shall be with the appropriate parent from 9:00 a.m. to 7:00 p.m. regardless of who would have otherwise had the child(ren).

Summer.

Parent B shall have two (2) periods each summer of two (2) weeks each. Parent A shall have one period each summer of two (2) weeks. Each party shall give the other party at least sixty (60) days notice of his or her vacation schedule so that both parties have an opportunity to have the child(ren) during their vacations.