Kentucky was a pioneer when it came to father’s rights. It was the first state to officially rewrite its child custody provisions to create a presumption that parents should have joint custody and equal parenting time.
However, this presumption is rebuttable – which means it can be challenged. In practice, fathers can still struggle to obtain equal parenting time with their children for numerous reasons.
Social factors tend to be biased against “Mr. Moms”
The idea that fathers are less competent than mothers – particularly to young children – is so deeply ingrained in American culture that whole movies have focused on the “comedy” of dads trying to be effective parents. Judges may favor awarding primary custody to mothers because of things like:
- Gender bias: There are historical presumptions that tend to portray women as better suited for childcare than men by nature.
- Caregiver history: In many two-parent households, the mother does assume the primary caregiver role, and judges consider that fact when trying to create continuity for the kids after a divorce.
- Absence from the home: If the father moved out of the family home in an effort to keep the peace during the divorce, it may be very difficult for him to show his ability to be the primary caregiver.
- Housing instability: In those same situations, the father may have been forced to “couch surf” with friends or relatives while the divorce is pending, and that doesn’t demonstrate his ability to provide a stable life for his children.
Does this mean that fathers should just give up on shared custody? Absolutely not. It is critical, however, for fathers to actively document their involvement with their children both before and during the divorce process, including attendance at school functions and meetings, involvement in their medical care and knowledge of their daily routine. Solid legal representation can also make it easier to show that shared physical custody is genuinely in the children’s best interest.