Parents who choose to divorce or stop living with one another have a complicated process ahead. They generally have to share parental rights and responsibilities. Under state law, there is a presumption that shared parenting arrangements are in the best interests of minor children.
Unless there is compelling evidence to the contrary, the courts expect both parents to have parenting time and shared custody. Some people find that terminology confusing, as parenting time is synonymous with custody in their minds. However, parenting time is different from custody under Kentucky state law.
Custody refers to legal authority
Parents changing their relationships with each other usually understand that they have to share time with their children. The idea that they need to negotiate a parenting time schedule is not a surprise. However, the challenges of shared custody or legal parental authority sometimes come as a surprise.
Sharing custodial authority can be a little bit more difficult to navigate than parents may expect initially. Parents who are no longer in a relationship with one another may have very different opinions about what is in the best interests of their children. They may then end up struggling to make decisions jointly about their children’s upbringing. Each parent usually has the authority to make minor decisions during their parenting time and a say in more important decisions.
Parents typically have to prepare to share decision-making authority unless they negotiate terms that allow either of them final decision-making power in certain types of decisions. They may be able to negotiate terms between themselves that allow them to limit conflict related to decision-making.
Learning more about the rules that govern custody matters can help parents assert themselves and adjust to the changing family circumstances more effectively. Those who understand what to expect may find it easier to share parental rights and responsibilities.
