Father, a Michigan resident, and Mother, a Kentucky resident, live five hours apart, but were granted joint custody. The Trial Court ordered Father to have parenting time one weekend a month in Kentucky, in line with the “Parenting Time Assessment” report submitted by an expert appointed to conduct a custody assessment. The Trial Court found expert’s parenting time schedule to be in the child’s best interest and adopted it as a Court Order. Father argued that under KRS 403.320 he should have reasonable visitation, unless it the court found his visitation would seriously endanger the child. The Appellate Court rejected his argument, as KRS 403.320 applies to visitation modifications or denials, and this case was not a modification of a pre-existing order. The Appellate Court affirms the Trial Court and holds “reasonable visitation is decided based upon the circumstances of each parent and child, with the best interests of the child in mind.”
Digested by Elizabeth M. Howell
