When married parents divorce or unmarried parents separate, they have to work out custody arrangements. Doing so can be quite challenging, as emotions tend to run high at the end of a relationship. Parents may find themselves disagreeing about the division of parenting time and legal authority. If they can’t work out a solution by cooperating with one another, they may then take the matter to family court.
Knowing how judges decide custody cases can help couples work out agreements on their own. For example, understanding whether a 50/50 custody split is common in Kentucky can guide these discussions.
The law generally presumes that an even split is best
Parents in Kentucky who no longer live together typically share both parenting time and legal authority. Current state statutes reflect the presumption that parents evenly splitting those responsibilities is likely best for the children.
Prioritizing the best interests of the children is the primary goal in all custody matters. However, the presumption that an even split is best is rebuttable. That means either parent can work with their attorney to convince a judge that a different arrangement is necessary, given family circumstances.
The parents’ work schedule, their tense relationship with the children or substance abuse issues could all support an assertion that an uneven split of parenting time and authority is better for the children than an even split. Issues ranging from neglect and domestic violence to medical limitations can potentially impact a parent’s ability to fully and consistently meet the needs of their children.
In contested custody cases, both parents can share information about their family to show the judge why their custody plan is best for the children. The judge then decides custody based on their view of the situation.
In cases where parents do not want to leave those key decisions to someone without any direct experience with the family, it may be preferable to work together to establish a mutually agreeable arrangement for shared parental rights and responsibilities. Parents can work around one another’s employment schedules and set terms that specifically acknowledge the unique needs of their children.
Documenting issues that give rise to parental concerns and learning more about the law can be beneficial for those who need to establish child custody arrangements. Knowing what is common can help parents propose arrangements of which the other parent and a judge are likely to approve.
