Is It Time for a Lawyer

By: George S. Lamb
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  • Summary

  • Louisville attorney George S. Lamb will discuss legal topics to help you understand if it's time to contact a lawyer for your situation. Each episode will focus on specific topics to educate and inform listeners. Principal office address: 4310 Robards Ln., Louisville, KY 40218 This is an Advertisement.
    2024
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Relationships Social Sciences
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Episodes
  • Custody and Parenting Time

    Custody and Parenting Time
    Nov 12 2024
    Episode 4: In today’s episode, attorney George S. Lamb discusses the topics of custody and parenting time as it relates to family law in Kentucky. He begins by correcting a common misconception related to child custody. Let’s dive in to learn more. The Common Misconception Many people tend to think child custody refers to where the child lives. However, the law is focused on decision-making, when it addresses custody. It’s not about the number of overnights or physical custody of the child. The decision-making, according to the law, is focused on major issues rather than minor day-today issues. It’s referring to decisions involving medical issues, educational issues and issues related to the religious upbringing of the child or children. What Are the Two Types of Custody in Family Law? In Kentucky, there are two types of child custody. The first is joint custody, which is the default arrangement. The second is sole custody. The latter is actually an exception to the rule. Interestingly, the same rules apply regardless of whether the parents were married or not married. When it comes to child custody matters, the presumption is that parents will share joint custody of the child or children. What Would Prevent a Judge from Granting Joint Custody? George explains that a judge could decide that one of the parents is unfit. This could be related to a mental health issue, an addiction problem, or even a situation in which the parents absolutely can’t agree on anything related to the upbringing of the child. At some point, important decisions related to the three main issues will need to be made, on behalf of the child. If the parents aren’t able to work through the issues, a judge may need to rule on a petition designating a sole custodial parent. This is actually fairly rare. George explains that the default positions under Kentucky law include joint custody, equal decision-making and equal, shared parenting time (i.e. visitation). This is a relatively recent evolution in family law. In the past, the children usually lived with one parent and the other parent was awarded a night or two, during the week and may every other weekend. That was a typical arrangement. Now, however, the law strives to settle on equal parenting time. There are other factors beyond behavior that might prevent a judge from granting joint custody. They could include practical realities that exist in that particular family dynamic. For instance, what if the parents live too far away to make an exact division of parenting time workable? If the parents don’t live within a reasonable proximity, simply getting the child to school might not be feasible under a 50/50 parenting time arrangement. There are ways to resolve the parenting time issue, but the best interest of the child is a primary factor in the judge’s decision regarding parenting time issues. Is Custody Based on Financial Factors? Actually, the answer is no. George comments that family law is not a “pay to play” system. The law applies equally, regardless of financial status. Parents generally have a right to see their children and to be involved in their lives, unless the court deems that would not be in the best interest of the children. This is handle in a case by case basis. Parenting time is unrelated to a parent’s ability to pay child support. The court looks at all relevant factors. George mentions that there are a handful of factors to determine what is in the best interest of the child, as it relates to determining parenting time. For example, the court will consider the wishes of the parent. At the same time, if appropriate, the court can also take the wishes of the child into consideration. This refers to an age-appropriate and/or capacity-related ability of the child to voice an opinion on the matter. For instance, how has the child adjusted to where he/she lives? Where do they go to school? How are they rooted in their community? The mental and physical health of the child and/or come into play. Relationships Can Factor into the Decision What is the relationship between the child and each parent? What is the relationship between the child and his/her siblings? Is there a history of domestic violence? Is there a history of substance abuse? Which environment is the most stable for the child? What environment is the most safe? Educational Factors Jefferson County is a relatively large area. Once the child begins grade school, he/she can only attend one school. If the parents to not live near each other, how would the child get to school? The answer to this question could affect parenting time and child custody. Remember, education is a custodial decision. Creative Solutions Can Work The court will consider allowing the parents to work out a creative solution regarding parenting time. For instance, they might agree to have the child stay one week with ...
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    17 mins
  • Divorce Planning

    Divorce Planning
    Oct 29 2024
    Episode 3: In today’s episode, George discusses the concept of divorce planning. If you have the time to begin thinking through specific issues, you’ll be much better prepared. Obviously, depending upon the circumstances, this isn’t always possible. However, this discussion might highlight a few issues you should consider. George is a family law attorney primarily practicing in Jefferson County and the surrounding counties. What’s Your Scenario? Generally, there are 3 scenarios leading up to a divorce petition: 1) You’re getting ready to file, 2) Your spouse has already filed, or 3) Both of you realize it’s not working out. The issues involved would still be the same. George often asks about the catalyst for the decision. Has the couple exhausted the other options such as counseling or therapy? These are personal decisions, because in Kentucky it only takes one person to file for a divorce. He advises that you should consider the emotional impact of the decision. How is it going to impact you and/or your spouse? There’s balance to the decision. Then, there’s the consideration of how it’s going to affect others including your children and extended family members. When Is It Time for a Lawyer? It depends on a couple of factors. If you know this is where it’s going, it’s better to engage an attorney as early as possible in the process. If you were surprised by your spouse’s decision, they probably already have an attorney and you should move quickly to retain counsel. You’re going to need someone to advocate on your behalf and to guide you through the process, itself. Can We Have the Same Lawyer? In George’s opinion, this doesn’t usually work. Normally, the attorney would only represent one party. The other party may decide not to hire an attorney, but that’s not very common. Divorce is an adversarial process, so George has a duty to represent his client. Even if the divorce is uncontested, George would still only represent one person. Ideally, the couple would agree on as many of the details as possible, but those informal agreements don’t always remain intact, as the divorce process moves forward. Unfortunately, individuals may not fully understand their legal rights or legal responsibilities while making those agreements. It’s true that having a framework is a good idea, but you should expect your attorney to guide you through the divorce process. What Do We Do about the Kids? This is a common question George hears during the divorce planning stage. He usually responds, “You handle them delicately.” It’s important to effectively manage what the information the kids get, what they see, what they hear, etc. The information or answers to questions should be age-appropriate. Take into account the relationship dynamic each child has with his/her siblings and each of the parents. As best as possible, you should shield them from the reality of what’s happening. George advises that while you do have a responsibility to be honest with your child/children, you should strive to be age-appropriate in your conversations with them. They are caught in the middle, but they don’t have to know every detail. There are adult matters and kid matters. Be judicious in an effort to protect them. Dealing with Finances You need to begin thinking about the financial impact. Begin with food and shelter. While you were together, there may have been two incomes. Going forward, you have only your income. How are you going to make that work? What might you need to make it work if the incomes are significantly different? The value of engaging in divorce planning with your attorney is that he/she can help you to set realistic expectations, based on the law. You need to begin working through the issues, because in all reality, you may not get everything you want. There’s a balance that needs to be struck. George explains it’s important to look at your assets and liabilities from a macro-level. Is real estate involved? How much money is in the bank accounts? Are there retirement accounts? What debts do you and your spouse currently have? Do specific assets or liabilities belong to entirely to one individual (i.e. non-marital)? Now consider child support. How much will most-likely be paid and by whom? Will there be maintenance (“alimony”) paid and by whom? You need to begin gathering financial documentation. Are you the person in the marriage who handles the checkbook? It may be easier for you to get an accurate read on the current bills and balances. Do you know where the accounts are and do you have the passwords required to access them? At some point, you’re going to need this information for all of your assets and liabilities. You’re going to have some level of rights and responsibilities based on the financial information. You may also want to gain access to the financial ...
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    20 mins
  • Overview of Family Law in Kentucky

    Overview of Family Law in Kentucky
    Oct 15 2024
    Episode 2: Welcome to the, “Is It Time for a Lawyer?” podcast, with attorney George S. Lamb. In today’s episode, George provides an overview of family law in Kentucky courts. He practices primarily in Jefferson County and the surrounding counties. What Is Family Law? George has handled family law cases for the past 15 years. He begins by explaining that it’s a wide range of legal issues, beyond simply divorce. Family law can involve both married people and unmarried people. While both groups may not deal directly with a divorce proceeding, if children are involved, family law would govern child custody, child support, but not necessarily the property division issues a married couple would need to consider. Included in family law, you’ll have divorce cases, child custody cases, issues dealing with paternity, domestic violence cases which might involve an EPO, DVO or an IPO. It may involve Child Protective Service (CPS) matters. Family law also involves maintenance that may be paid to the former spouse. Mediation could apply to both married couples and unmarried couples. Child Custody Issues The divorce sub-section of family law would include child custody. George explains the common misconception that child custody means “where my kid sleeps.” In reality, in Kentucky, it actually refers to decision-making. There are 3 major decisions that will typically have to be made relative to the upbringing of the child or children: · - Education · - Healthcare decisions · - Religious upbringing George points out that the above 3 decisions really don’t involve where the child sleeps at night. The presumption is that as a parent, you’re a joint custodian. The law presumes you’re both fit to be parents, therefore joint decision-making is the default. It’s possible for one person to attempt to prove the other person is unfit to be a custodial parent. The court also presumes parenting time (“visitation”) will also be 50/50. This presumption reflects current society. Child Support Calculations Child Support this financial issue is calculated by guidelines in state law. Various factors, including the incomes of both parents, the cost of health insurance, child care expenses, uncovered medical expenses, the cost of extracurricular activities and issues impact child support. The law provides a guideline, but the actual amount paid by one parent to the other may deviate from the guideline, if agreed upon in the settlement. Division of Property Family law often involves property division, assuming the couple was married and they accumulated property during the marriage. This can be furniture, vehicles, real estate and other items. It includes financial assets and liabilities. The court will attempt to reach an equitable distribution of the property. George explains that it’s not just a matter of splitting things down the middle. Is there debt associated with a particular item (i.e. a car loan or mortgage)? This debt needs to be taken into consideration during the division of property. Certain property may have been owned by an individual before the marriage, and therefore, may not be considered part of the marital estate. This could also include an inheritance or a gift given exclusively to one of the individuals. Sometimes, these items might need to be included in the marital estate. A skilled, experienced Louisville family law attorney can help you to establish think through property division issues, including the calculations needed to value the specific items to be negotiated. Kentucky law actually contains statutes pertaining to those calculations and the division of property. Tax consequences also need to be considered. Certain items (including the payments for those items) my come with tax deductions, tax liabilities or other issues that should be included in the equitably division of property. If the couple has young children, the impact of family decisions will continue to affect both parties, long after the divorce, itself. Focusing on the Future Once the divorce decree is entered, at some point in the future, the terms of the divorce settlement can be modified. This is referred to legally as a post-decree modification. The circumstances are going to change over the years, as the children grow older, jobs change, incomes change and other factors evolve. The original divorce decree may need to be altered by one of the parties. You, or your former spouse can petition the court to change the terms of the decree to adapt to the new circumstances. Unmarried people may decide to petition the court for a change in child support. They would use the same legal process. Once one party files the petition either for the divorce or a modification, the other party will respond and there will be an exchange of financial information as part of the financial disclosure. Generally, mediation...
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    20 mins

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