In Kentucky, it is most likely that you and your spouse will share joint custody. It is normal for the courts to give legal custody to both parents in this state, and sole custody orders are highly unusual.
There are a few reasons why the court may order sole custody, such as if one parent has a drug or alcohol problem or if they cannot be found and have abandoned their family. In other cases, it’s typical to see parents share legal custody and decision-making roles in their children’s lives.
Residential custody matters are different
While legal custody is normally given to both parents, residential custody matters are a little more difficult. Residential custody refers to physical custody and often cannot be divided equally. Sharing custody is normal, but the court may agree with a custody schedule that is not equal. There are factors to consider, such as:
- The age of your children
- If a child is a boy or girl
- How much you or the other parent work
- The relationship you or the other parent has with your children
- The impact that moving in with one parent over the other would have on the children’s schooling, community or general home life
If you would prefer to have residential custody, then you need to show why you should have primary custody. You may want to provide evidence of preparing your home for your children, being close to their school and activities or taking other action to make time to be a primary caretaker to them. The courts no longer favor mothers, but if you are concerned, you can take additional steps to protect your rights and build a strong case for custody.