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A judge will make a decision about custody based on what s/he thinks is in your child's best interest. However, under Kentucky law, there is a ?rebuttable presumption? in favor of joint custody.
Who will get custody of our child? In Kentucky, the courts are required to determine custody based upon the best interest of the child(ren). Usually, parents will share joint custody of the children and if their schedules will allow, will share 50-50 parenting time with the children.
The court can't deny a parent visitation, except after a hearing. Typically, judges only suspend or deny visitation if the court finds, based on testimony and evidence, that visitation would seriously endanger the child's physical, mental, moral or emotional health.
The law says that a parent who is not granted custody is entitled to reasonable visitation rights unless the judge finds (after a hearing) that visitation would seriously endanger the child's physical, mental, moral, or emotional health.
Content of the bill Under the law, judges must begin each custody case with the presumption that joint custody and equally shared parenting time are best for the children. Seeking to promote healthier family dynamics, the law defaults 50/50 custody arrangements in child custody disputes.
Defining legal and physical custody While 50/50 physical custody is the default in Kentucky, families can decide to give one parent primary physical custody with reasonable visitation for the other parent.
A father has rights to see his child, and can petition the Court to set a specific schedule to allow him parenting time. The Court may set a temporary schedule and child support amount, pending the final resolution of the case.