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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12360
Experience:  Attorney experienced in all aspects of family law
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i pay weekly as ordered. high conflict case. judge is saying

Resolved Question:

i pay weekly as ordered. high conflict case. judge is saying she will set parenting schedule week to week and during mothers week i can have no phone contact with my kids. is that legal? were in kentucky
Submitted: 5 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

The judge will set the parenting schedule week to week? What exactly does that mean? is the judge going to re-examine the custody schedule every week and make adjustments from this point forward?
Customer: replied 5 years ago.
no my childrens gal wants a 5/2 day rotating schedule. my ex does not. judge said she may make it sun-sunday 6pm but during my ex wifes time i may not contact my childen! weve been divorced almost 4 years and i am current with child support. many issues on not getting to speak with my kids. judge is pissed and said i may have no phone communication with my kids during hteir mothers week. im very involved in my kids schooling and lifes, always was
Expert:  Brandon M. replied 5 years ago.
It is an unusual order, but it is not illegal. In Kentucky, the court has wide latitude to tailor the custody terms for the best interest of the children. If the court can order a parent to have no custody or contact (it can), the court can certainly restrict telephone contact while the children are in the other parent's custody.

That said, it really is odd. If the court did not clearly articulate the reason behind this order, you may want to consider appealing. Sometimes, I feel like judges think they can get away with abusing their discretion in these "minor" situations because no one will invest the time or resources into appealing them.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
Customer: replied 5 years ago.
so even though we have 50/50 split and i pay full child support obligations, the judge would nto give me credit for the 14 days per month kids are with me, and i have history of speaking to my kids twice daily when with their mother she can just legally stop me from talking to my kids for no good reason?? is this a case likey to be won in an appeal? i am out over 20k in attorney fees to date
Expert:  Brandon M. replied 5 years ago.
Well, that is a loaded question. Of course the order is not valid if it is for "no good reason", but that is a matter that would have to be taken up on appeal. You would first want your attorney to get a statement of decision from the judge (an explanation for the reasoning behind the order) and that would give you insight into your odds of prevailing on appeal.

You have to keep in mind that child support is not a factor in child custody orders; you are not paying support so you can rent your child and the court will react unfavorably to parents who take the approach that child support entitles them to custodial rights. So be careful!
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