When parents in Kentucky divorce, it is important that the child custody arrangements made during the divorce process benefit both parents, but ultimately puts the needs of the child first. The following is a brief overview of child custody laws in Kentucky.
The best interests of the child standard
In Kentucky, neither the child’s mother nor the child’s father is automatically presumed to be the best parent to award primary custody of the child to. Instead, there is a rebuttable presumption that joint custody and equal parenting time is in the child’s best interests. If this is not possible or is not in the child’s best interests, the court will consider a variety of factors when determining which parent will have primary custody of the child.
The best interests factors
The factors the court will consider when making parenting time decisions are as follows. Each parent’s wishes will be considered. The child’s wishes will also be considered, although any influence a parent may have had over the child’s wishes may be considered as well. The child’s relationships with each parent and siblings will be considered. Each parent’s motivation for participating in child custody proceedings will be considered. The child’s adjustment and proximity to their home and school will be considered. The health of both parents and the child will be considered. If domestic violence is an issue, this will also be considered. Finally, each parent’s ability and willingness to let the child spend meaningful time with the other parent will be considered.
Learn more about child custody in Kentucky
Ultimately, it is important that any child custody decisions made in Kentucky meet the child’s best interests. Children in Kentucky deserve to have a healthy relationship with both parents, even if their parents are divorced. This post is for educational purposes only and does not contain legal advice. Those in Kentucky who want more information on this topic are encouraged to explore our firm’s website to learn more.