Custody and divorce laws are different in every state. This lack of uniformity creates a lot of confusion about what happens during divorce or custody disagreements. People who are unfamiliar with the law might mistakenly give up some of their rights during legal disputes with spouses and co-parents.
Fathers have historically been among those most likely to make choices that limit their parenting rights in the future. Many men have heard that the family court system favors the mother in most custody matters. Is that true in Kentucky?
The law is sex-neutral
Claims about the courts favoring women or mothers do not have basis in state law. Custody laws in Kentucky do not discuss the role of a father or a mother, nor do they include special rules based on the sex of a parent asserting their parental rights. Instead, the law uses sex-neutral language and seeks to focus on the best interest of the children involved.
Judges should always prioritize what is best for the children when making custody determinations. The law imposes a presumption of equal parenting time. In the vast majority of cases, the best outcome for the children is to have strong ongoing relationships with both of their parents.
Judges generally do everything in their power to keep both parents involved and to reasonably allocate both parenting time and legal authority. Fathers who seek shared custody and a generous allocation of parenting time are often successful.
Learning more about the law to help people facing divorce and custody disputes. Fathers often need someone to educate them about their rights and advocate for them during the legal process, and that’s okay.