Custody issues can be stressful and confusing, especially for fathers who want to ensure they remain an active and consistent presence in their child’s life. In Kentucky, fathers’ rights depend in part on whether they were married to the child’s mother or not. While the courts ultimately focus on the child’s best interests, the process and starting point for fathers can look very different depending on marital status.
Custody Rights for Divorcing Fathers
When parents are divorcing in Kentucky, both the mother and father enter the process with equal custody rights under the law. Kentucky operates under a presumption of joint custody and equal parenting time. This means the court assumes that children benefit most from having regular, meaningful contact with both parents unless proven otherwise.
For fathers going through divorce, this is a significant advantage. They do not have to prove they deserve time with their children as the law already starts from the position that shared parenting is best. However, if there are issues such as substance abuse, domestic violence, or instability, the court may restrict parenting time to protect the child. Fathers should be prepared to show how their parenting supports stability, education, and emotional well-being.
Custody Rights for Unmarried Fathers
The situation is different when a father was never married to the child’s mother. In Kentucky, an unmarried father does not automatically have custody or visitation rights, even if he is listed on the child’s birth certificate. The first step is establishing legal paternity. This can be done voluntarily if both parents sign a Voluntary Acknowledgment of Paternity or through court proceedings and genetic testing.
Once paternity is established, an unmarried father can file for custody or parenting time. At that point, he stands on equal footing with the mother under Kentucky law, and the court will again consider the child’s best interests in determining custody. Until that legal step is taken, however, fathers may face limitations in making decisions for their child or ensuring consistent parenting time.
Key Differences Fathers Should Know
- Married fathers in divorce: Already have custody rights recognized and benefit from the presumption of joint custody and equal parenting time.
- Unmarried fathers: Must first establish paternity before they can request custody or visitation.
Best interests of the child: In both cases, Kentucky courts focus on stability, safety, and the child’s overall well-being.
Protecting Your Role as a Father
Whether you are going through a divorce or navigating custody as an unmarried father, the process can feel overwhelming. The legal system in Kentucky gives fathers important rights, but exercising those rights often requires guidance, planning, and persistence.
At Clagett Law, we understand how much fathers want to be present and active in their children’s lives. Cassie Clagett is committed to helping fathers in Kentucky have their voice heard.
