It’s not uncommon for some fathers going through a divorce to be concerned about child custody. One of the concerns they have is that the mother has the upper hand. But this is not true. Kentucky follows certain procedures when granting custody.
Here is information about the law you need to know:
A presumption that joint custody is best
Kentucky has a legal presumption that joint custody and equally shared parenting time are in the best interest of the child. However, this may not apply if evidence proves otherwise, for example, if a domestic violence order is being or has been entered against one of the parents.
A court hearing a divorce case between parents will typically start by considering joint custody. Therefore, if you take your case to court, joint custody is likely to become the default rule. You and your co-parent will be required to make important decisions about your child together, and the child will take turns living with each parent based on a parenting time schedule.
The court will consider several relevant factors when determining what’s in the child’s best interests. These include:
- The wishes of the parents
- The wishes of the child, depending on age
- The child’s interaction and interrelationship with each parent, their siblings and other crucial people like grandparents
- The motivation of the adults participating in the case
- The mental and physical health of all involved parties
- The child’s adjustments to new environments and connection to their home, school and community
Considering these factors and more allows the court to make the most suitable decision.
As a father going through a divorce, you might not need to worry about the court automatically granting custody to the mother. It’s important to understand your parental rights and how to protect them.