As a father facing the prospect of a custody battle in Kentucky, you may be wondering where you stand legally. While times are changing, the reality is that courts have historically leaned towards awarding custody to mothers. This raises a crucial question: Is sole custody a realistic possibility for you?
Sole custody is possible, though not the most common outcome
In Kentucky, courts make custody determinations based on the child’s best interests, looking into various factors such as:
- What are the wishes of the child and parents?
- How strong is the child’s relationship with each parent?
- How well has the child adjusted to their home, school and community?
- What is the current well-being (both mentally and physically) of everyone involved?
- Is there any history of domestic violence or abuse in the family?
Kentucky law does not favor either parent based on gender. Instead, it focuses on which parent can provide the most stable and nurturing environment for the child.
Courts also generally prefer joint custody arrangements, as they believe children benefit most when both parents are actively involved. Sole custody is typically reserved for cases in which one parent is found to be unfit or incapable of fulfilling their responsibilities.
Fathers have the right to present their case for sole custody
Obtaining sole custody means proving that you are the better-suited parent to care for your child full-time. This might involve showing that the other parent is:
- Abusive or neglectful
- Struggling with substance abuse issues
- Imprisoned or incapable of providing childcare
- Willingly absent from the child’s life
If granted sole custody, your role and responsibilities will expand. You will become solely responsible for your child’s daily care, education, medical decisions and overall well-being. This requires significant time, financial resources and emotional commitment.
Unless otherwise directed by the court, you must also ensure that the other parent maintains their court-ordered visitation schedule and has the opportunity to build a relationship with the child.
Remember, custody battles can become complex and emotionally draining. Working with a Kentucky family lawyer is often the most effective way to understand your rights and explore your legal options.