I am often asked about how custody works in divorce. If you (and the child) are in Kentucky, it does not matter if you are married or not, both parents are presumed to have equal rights to custody and parenting for the child. If you are not married, you may first have to establish paternity, but once established, then you can ask the court to grant parenting rights and privileges.
KRS 403.270 provides a presumption that joint custody and equal parenting time are in the best interest of the minor child. Equal parenting time, also known as 50/50 plans, can be scheduled many different ways. This may include a 2-2-3 schedule, a 2-5-5-2 schedule, week on/week off, or many other schedules. Special allowances may be made by a court for newborn children as well as children that have not seen one parent for an extended period of time.
This presumption of equal time and joint custody is a rebuttable presumption, which means that joint custody and equal time is not guaranteed. The party NOT wanting would have to provide evidence sufficient to overcome this presumption. This may include abuse, illegal drug use, alcohol abuse, endangerment to the children or other factors which would show that the custody/time is not in the best interest of the child(ren).
Some attorneys now advertise that they are “attorneys for men” or that they only represent women or victims. Most attorneys might prefer to represent one sex or one type of client, but the reality is that representing clients that are on both sides of the fence gives at least me insight and objectivity and helps to better represent either parties in a divorce.
IF you are going through a divorce or custody case, you should consult with an attorney. For legal counsel with over 25 years experience in Northern Kentucky family courts, contact Michael Bouldin or call 859-581-6453 (581-MIKE).