There is a presumption that both parents should have custody and parenting time. However, this is not always in the best interests of the children involved in the case, so there can be variances in the outcome of cases involving children.
A child should receive appropriate care. The courts agree that judges should only make decisions that serve the child well, such as adjusting a parenting time order to give them appropriate time with each parent or making sure that they have the financial support they need to grow up well by enforcing child support.
The best interests of children can varyDepending on the case, what constitutes what is in the best interests of your children could vary. For one family, a shared parenting scenario might not be right for the children. For another, making sure both parents have equal parenting time might be essential.
That’s why it’s important for you and your spouse to consider what would be best for your children when you divorce.
The Kentucky state statutes go over what a court will look at when determining your children’s best interests. Some considerations include:
- The mental and physical health of the individuals involved in the case
- Any findings of domestic abuse or violence against the child or another party
- The wishes of the child
- The interaction between a child and their parents and siblings
- The child’s continued proximity and adjustment to the community, home and school
- The motivations of the adults in the custody proceedings
Sometimes, what is right for one of your children might not be what’s right for the others. In some cases, it may be reasonable to split up siblings or to place them on varied schedules, so they can get the attention and support they need from each parent.
There is a lot to think about as you start working out what’s in the best interests of your children. Take some time to consider the parenting schedule that would be best for your children.