It's important to understand that in Kentucky, child custody and visitation decisions are primarily based on the "best interests of the child," and the courts aim to be gender-neutral. However, there are some specific points to consider regarding mothers' rights in Kentucky:
Best Interest of the Child:
The overarching principle is that the court's priority is the child's well-being. This means decisions are made based on what is deemed best for the child, not on any inherent preference for either parent.
Joint Custody Presumption:
Kentucky law favors joint custody and equal parenting time, unless evidence shows that this arrangement is not in the child's best interests. This aims to ensure that both parents have meaningful involvement in the child's life.
Unmarried Mothers:
In Kentucky, if a child is born outside of marriage, the biological mother is typically granted legal custody. However, this does not mean that the father has no rights. Paternity can be established, and fathers can pursue custody and visitation rights.
Factors Considered by the Court:
The court evaluates various factors to determine the child's best interests, including:
The child's wishes.
The parents' wishes.
The child's relationship with each parent.
The child's adjustment to home, school, and community.
Evidence of domestic violence.
The mental and physical health of all parties involved.
Domestic Violence:
If there is a history of domestic violence, the court will prioritize the child's safety. This can significantly impact custody and visitation decisions.
Key takeaways:
Kentucky courts strive for gender neutrality.
The "best interests of the child" is the paramount consideration.
Mothers have rights, but those rights are considered within the context of what is best for the child.
It is strongly advised to consult with a qualified family law attorney in Kentucky for personalized legal advice.