For many families enjoying a comfortable standard of living, a clear division of spousal responsibilities develops over time. One spouse focuses primarily on their career, while the other takes on the majority of parental responsibilities and household obligations.
Even if both parents work, one of them may work far more hours than the other in a career that requires more attention and personal sacrifices. The career-oriented parent may feel like they are at a disadvantage if they start contemplating divorce. After all, they spend less time with the children and therefore have less parenting experience.
They may worry that the courts may limit their time with the children or authority over them because of their professional success and ambitions. Yet, even the most successful, hardworking parent generally has the right to request an even distribution of parenting time and parental authority.
The law wants what is best for the kids
Custody statutes in Kentucky are very clear. The main consideration should always be the best interests of the children rather than the wishes or preferences of the parents. As such, state lawmakers have established statutes that impose a presumption of equal parental time and authority when parents separate.
In other words, both parents begin with a right to equal custody. However, the courts do allow parents to rebut or counter that presumption by presenting evidence about family circumstances. One parent showing that the other frequently works overtime or travels for work typically isn’t enough to convince the courts to limit that parent’s time with their children or decision-making authority.
A parent trying to limit the other’s access to, control over and time with the children needs compelling evidence indicating neglect, abuse or instability. It is perfectly reasonable for someone who works 50 hours a week or more to request a 50/50 split of parenting time.
They may need to work certain rules into their custody arrangements that allow them to make scheduling adjustments if they need to travel for work. They could request virtual visitation in scenarios where they might be away from the children for more than a few days because of work travel. Parents can use a variety of different unique schedules to make shared custody workable for their families.
Those who have focused on their careers can often step up and become very active and involved parents after a divorce. Seeking a reasonable allocation of parental rights and responsibilities is the first step toward preserving a crucial parent-child relationship after a divorce.