Family Law

If a child is born to unmarried parents, there are certain considerations.  Is there a question as to paternity?  If so, Eddins Domine can help you establish paternity.  Once paternity has been established, either by agreement or by court determination (usually based on DNA evidence),  you can move forward to establish other legal rights such as child support and legal custody.

Once paternity has been established with unmarried parents, the parents should consider what type of custody arrangement is in the best interest of their child.  Most of the time, the court will order parents to attend mediation in an attempt to reach an agreement as to the custody of their child/children.  If the parents cannot agree as to sole or joint custody, they may need the court to decide.  Eddins Domine can represent you in negotiating and trying your custody case.  If you are divorcing, custody will be decided as a part of your dissolution of marriage case.  While joint custody is preferred in most cases, there are many considerations, including, but not limited to, whether or not there have been acts of domestic violence, whether or not the parents can communicate about the child: and/or both parents are not fit to be the custodian of a minor child. Often, a custody evaluation by a qualified mental health professional is necessary when the parties do not agree. Eddins Domine can evaluate your case and advise you as to whether joint or sole custody appear to be more appropriate in your situation.

In Kentucky, joint custody means that the parents both have the right to make long-term decisions affecting their children, such as decisions involving their education, religious upbringing and health.  Joint custody does not necessarily mean that the parents will share equal time with the children, nor does it mean that they have to discuss the day-to-day activities of the children.   In fact, a parent may actually have joint custody, but not have much parenting time with your child.  Joint custody is more common than sole custody, especially with parents who raised the child/children together in the same home for a period of time.

In Kentucky, judges understand that joint custody is not appropriate in all cases.  If a parent has been abusive to the other parent or to a child, sole custody may be necessary.  Sole custody might also be necessary when a parent has a current alcohol or drug addiction. If one parent withholds the child from the other parent and has shown that he/she is not willing to cooperate or communicate with the other parent, the other parent may be granted sole custody. If you are awarded sole custody, it means that you can make long-term decisions regarding the children without the input of the other parent. However, this does not mean that the other parent cannot see the child/children, in most sole custody cases, the judge will award parenting time to the non-custodial parent.  Sometimes, it is appropriate for the parenting time to be supervised.  Please call Eddins Domine to help you with your custody case.

Often times, a custody agreement is reached or the court makes a custody determination that later needs to be changed.  You will need to be prepared to prove that there is new evidence to support your position.  The Family Court Judges do not believe it to be in the best interest of children, generally, to have continued litigation surrounding their custody.  Therefore, the standard is somewhat strict as to what must be proven to get an existing agreement or order changed. Most judges will require parties to mediate first before giving them any court time to argue about custody modification.  Please call Eddins Domine to schedule an appointment to discuss your custody issues.

In Kentucky, child support is calculated based on a formula involving the number of minor children, both parties’ incomes, the health insurance cost for the child/children and any work-related childcare costs.  Child support is paid to the parent who provides most of the day-to-day care for the children, and it is typically taken out of the payor’s paycheck, processed through the state and then delivered to the parent to whom it’s owed.  The state of Kentucky tracks all payments made through the state, which makes it easy to determine if someone is current on his/her child support obligation.  Sometimes parents will agree that child support is going to be paid directly from one parent to the other.  This creates problems in the event that there is ever a question as to whether or not all payments have been made.

Child support is always modifiable.  If either or both parents have a change in income or a change in the cost of health care or childcare , they should contact a lawyer to decide whether or not a modification is appropriate.  A slight change in income, for instance, might not be enough to warrant a child support change.  Call Eddins Domine to discuss your child support case.

At some point in time, your current custody arrangement, child support payment, parenting schedule or maintenance payments may no longer be appropriate. In most cases, the parties will be required to mediate first before obtaining a trial date. The mediator will try to help the parties reach an agreement. Mediation can be a great alternative to trial, as it allows parties to be creative and take the time to make arrangements that make sense for each, personally. On the other hand, a judge is bound by the law and will have very limited time to decide what will work best for you. The lawyers at Eddins Domine are experienced at both mediation and trial. Call us to assist you with your post-divorce matter.

If an allegation of dependency, neglect or abuse is made against a parent, the Commonwealth will intervene and perform an investigation.  Children are sometimes removed from a home where such allegations are made.  Sometimes, when children are removed from the home of one parent, the other parent or a grandparent may not be aware that the child/children were removed, and need a lawyer to help them assert their rights at any hearings on the matter.  Call Eddins Domine if you need assistance with a dependency, abuse or neglect case.

Often, people want to marry, and even though they believe that the marriage will last, they wish to have an agreement in place before the marriage that sets out their agreement as to what will happen in the event of a death or divorce. In Kentucky, the parties can waive the right to certain property as well as maintenance support.  When the agreement is signed before the marriage, it is a pre-nuptial agreement (also called an ante-nuptial agreement).   These agreements are most common when one party enters the marriage with a much larger net worth than the other.  Such agreements are also used when one or both parties have children that are from another relationship.  Post-nuptial agreements are very similar, but they are signed after the parties marry.  Pre-nuptial and post-nuptial agreements can make a divorce much less complicated and much less expensive, but you should know that the agreements are not always upheld by courts.  Call Eddins Domine if you would like to know more about pre-nuptial or post-nuptial agreements.

If you wish to adopt a child from the state or if you wish to adopt a child from parents who are willing to voluntarily terminate their parental rights, Eddins Domine can handle your adoption for a reasonable flat-fee.

If your spouse has a child from another relationship and you wish to adopt that child, the attorneys at Eddins • Domine can help. The court will require the consent of both biological parents, unless one parent’s rights have already been terminated.  We take great pleasure in making you the legal parent of a child you are currently raising.  Contact Eddins • Domine to handle your step-parent adoption for a reasonable flat-fee.

What is it?

Divorce can leave emotional scars on all family members.  A collaborative divorce is a more positive experience for people who wish to end their marriage, but not destroy their family.  Unlike a traditional divorce, this process avoids litigation and gives the decision-making power back to the parties.  The parties receive guidance and advice from experienced professionals to help them accomplish their goals and avoid future problems.

What does the Collaborative Process Involve?

In a collaborative divorce, both parties are represented by their own attorney.  A neutral financial professional and often a neutral mental health professional are introduced early in the case to help meet the family's needs.  The parties and professionals will participate in small, informal meetings to resolve a range of issues, while considering the future well-being of all members of the family.  All parties and professionals are members of a team; they are not adversaries.  By maintaining this perspective through these meetings, parties can reach an agreement as to how to divide assets and how to financially support and care for their children, if applicable.  The collaborative, instead of adversarial process, allows the parties to remain amicable, which is especially important if they are raising minor children together.  

How Does it Differ?

The main difference between a traditional and a collaborative divorce is the lack of litigation in Court.  In a traditional divorce, any dispute can be settled by the Family Court if the parties cannot come to an agreement.  In a collaborative divorce, however, parties sign a contract agreeing to refrain from Court for any reason.  If the parties signed fail to settle, they will both need to hire new attorneys to pursue Court intervention.  The parties agree to share information instead of spending money tracking down information.

What are the Benefits?

A collaborative divorce allows you to avoid the emotional and financial expense of litigation and the uncertainty in going to court.  It also gives the parties the power to make the best decision for their family together.  The process can save the parties time and money and is designed to be healing, rather than divisive.