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Custody is one of the hot button issues in most divorces. Each state has its own laws regarding custody decisions and how a court must handle them. The best option is for you and your spouse to come to an agreement without the court’s interference, but in the event the court must make the decision for you, it will follow whatever the law says. In Kentucky, this is a little different than in other states.

That is because this is the only state, according to WFPL, that has set a default judgment as joint custody. This means the judge must award joint custody in your case unless there is an exception. The exception is if you or your spouse has ever had a domestic violence charge against you for abuse towards the other parent. In that situation, it is up to the judge what custody arrangement to use.

Using joint custody as the default encourages judges to remain neutral and see both of you as equals. It also urges more equal parenting time and the law sets it as what is in the best interest of the child in most cases. However, the judge can always make adjustments based on other considerations, such as the location of your child’s school.

However, overall, joint custody often is the best for your child because it allows you and the other parent to develop good relationships with the child and remain involved in his or her life. It also leads you to work together to parent your child. This information is for education and is not legal advice.