Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Can you keep your spouse from seeing your child when you divorce?

On Behalf of | Dec 1, 2021 | child custody | 0 comments

Your marriage fell apart because your spouse turned out to be someone different from the person you thought you had married. You are filing for divorce and what you want most of all is to get your spouse out of your life and never have to see them again. There is only one catch — you have kids together.

If you share children, you need to accept that you will probably not get the total split from your spouse you desire. Believe it or not, that is usually a good thing, at least for your kids, although it may take time to accept that.

To you, your spouse may be the worst person in the world right now, but to your kids, they are probably still just Mom or Dad. Your children are unlikely to understand the scope of the problems between you, and they do not need to, either. Your wife cheated on you? She’s still Mom. Your husband blew all the money at the casino? He’s still Dad, albeit one who has less money to buy Christmas presents this year.

Kentucky courts prefer to keep both parents involved in their children’s lives

In 2019, Kentucky changed custody laws. Now, judges work on the basis that joint legal custody and equal parenting time are in the child’s best interests. If you want to seek a different arrangement to that, you need evidence to show why.

Legal custody means you both share the big decisions in your child’s life until they turn 18. Parenting time refers to spending time with your kids.

State lawmakers did not make the change on a whim. There is ample evidence to show that children do better when both parents continue to take a role after divorce. If you think, in your case, that is not true, then you need to find out more about what exceptional circumstances could convince a judge to deviate from that standard.


FindLaw Network
Photo of Kenneth L. Gibson Jr.