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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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In a situation of unmarried parents with minor children, what

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In a situation of unmarried parents with minor children, what is the custodial situation legally in. Kentucky? Parents are separated, living apart.

Thank you for your question. I would be very happy to assist you again.

In Kentucky, provided that both parents are listed on the birth certificate as the parents of the minor children, until the courts rule both parents have exactly co-equal custodial rights. Either parent can make legal decisions for the children, provide care and maintenance, travel with the children (but not out of the country), and potentially withhold access to one another. Since the rights are exactly co equal, neither parent can coerce, force, or compel the other parent to grant visitation or take the children away if the parent is unwilling to do so.

Hope that helps.

Customer: replied 3 years ago.

what if thhe children are at daycare and the father picks them upewithout the mothers knowledge does the mother have any recourse and can the mother leave instructions with the daycare to not allow the father to pick them up

Rick,

The daycare center cannot withhold access from the rightful parent, regardless of which parent it may be. So if one parent shows up to take the children, the daycare would have no choice but to give the children over. At most they can contact the other parent and hope that this parent appears quick enough to halt the transfer, but they themselves cannot keep the children away from the parent without a court order of some kind.

At most the other parent can claim kidnapping or parental abduction if the children are taken across state lines, but if there is no real abduction planned, then short of a court order, there is nothing unlawful about the parent's behavior.

Good luck.

Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

During paternaty proceeding, assuming the court orders equal custody, is one parent considered the custodial parent? Is the children's legal home for school, etc, one parent's residence, both, either...?

Rick,

Thank you for your follow-up. My apolgies on the delay, I was offline for part of the weekend. Please allow me to assist you this afternoon.

To answer directly:
During paternaty proceeding, assuming the court orders equal custody, is one parent considered the custodial parent?
No, both are considered to have co-equal 50/50 custody of the children. Neither parent, at that time, has any greater rights than the other at least under law. Typically the parent with whom child(ren) reside is granted their custodial parent for purpose of making decisions while the children are under that parent's care.

Is the children's legal home for school, etc, one parent's residence, both, either...?
Typically one residence is deemed primary. That is the residence that is used to enroll the child into a school district school.

Good luck.

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