When parents decide to get divorced, there is often an assumption that what’s best for the children will be a split parenting situation where each parent takes care of the children around 50% of the time. There is usually an assumption that parents should be able to make decisions about their children’s care together, too.

The truth is that it is not always in children’s best interests to spend time with both parents equally, and it may not be in their best interests to have both parents share legal custody and decision-making rights.

Kentucky’s presumption of shared parenting and joint custody

Kentucky generally believes that shared parenting and joint custody is better for children, because most children do well when they can see both parents regularly. Parents shouldn’t automatically lose their rights when they divorce, either, which means that they typically need to learn to work together.

There are ways to overcome this presumption, though, when working together with your ex-spouse isn’t possible or when you don’t feel that the other parent is able to appropriately care for your children.

How to overcome Kentucky’s presumptions and get more time with your children

To overcome the presumptions for joint custody and , you’re going to need a strong case. You may want to show evidence of actions such as:

• Attempted manipulation or parental alienation.
• Aggressive or violent behavior.
• Negligence that harms or may harm a child.
• That the other parent doesn’t have a relationship with the children or cannot appropriately care for them on their own.
• That there are other legal reasons, like imprisonment or substance abuse convictions, that you feel the other parent is a danger to your children.

It is your right as a parent to go over your concerns and to talk to your attorney about how to get the most out of your case for parenting time and custody. If you want to reduce the time the other parent has with your children or limit their decision-making abilities, you’ll need to put together a case that is strong enough to overcome presumptions the court has today.