Hoge Partners, PLLC

Joint custody: Kentucky law sets this as the presumptive standard

In 2018, Kentucky became the first state in the country to have a law that presumed joint custody was the best option for the children whose parents were divorcing. When Governor Matt Bevin signed the bill into law, there were people on both sides of the matter who had very strong feelings about what it was going to do. There are a few things that have to be considered about this bill if you are a parent that is currently going through a divorce or think your marriage is heading toward dissolution.

First, the bill does have a provision that will prevent a parent from having custody of the child if that adult committed acts of domestic violence against the other parent or the children. It is up to the judge presiding over the case to determine if this is a factor in the case. Some people aren't thrilled about this point because they argue that there is a chance that a person who was abusive in the home might be able to gain custody because there weren't ever domestic violence charges filed.

Another important point is that the joint custody factor is only a starting point for the court. The judge can also consider things like how much contact the child will have with both parents, the proximity of one parent to the other, the proximity to the school and similar factors.

This update to the law might not affect all divorcing couples. It is still possible for the exes to work as a team to determine how the custody matters will be handled.

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