In June of 2018, Kentucky passed law that takes the 50/50 parenting time law further, making the presumption that 50/50 custody and parenting time law for all motions to modify custody in addition to motions for temporary custody and parenting time. KRS 403.340(6) now states that “if the court orders modification of a child custody decree, there shall be a presumption, rebuttable by the preponderance of the evidence, that it is in the best interest of the child for the parents to have joint custody and share equally in parenting time.” The law goes on to say that if equal parenting time isn’t ordered, the court should maximize time with each parent to the extent possible.
What that means is that for those who seek to modify the custody of a child, say from Sole custody to Joint Custody, the court must presume that joint custody and equal parenting time is the proper outcome unless the objecting party provides sufficient reasons that 50/50 is not in the child’s best interest.
This further opens up the door for those who have in the past been relegated to part time parenting status, for no sufficienct reason other than that’s just the way it was, to move the courts to modify the custody and parenting time to joint shared 50/50 custody and parenting time. The law is finally catching up with the idea that having two, appropriate, loving, and safe parents involved in the child’s life equally is better for the child in most instances.
It is important to understand that this is not automatic for every family or person. If there is good reason to justify not granting 50/50, such a history of criminal behavior, violence, substance abuse, etc., that hasn’t been corrected or dealt with, then the court may not grant a request for 50/50 time. However, this gives those parents who have no issues, particularly fathers historically, who have had less time with the children without good cause, to become an equally involved parent with their children.
If you are seeking more time with your child, you should contact an attorney to discuss your situation and to determine whether you might have good cause under the new laws to modify your parenting time or custody to 50/50. Even if 50/50 isn’t a situation that is workable, the law now says the court should maximize the time with each parent considering the child’s welfare. Many attorney’s will provide a free consultation to discuss your case and opportunities to maxmize the time with you children.