Kentucky’s Joint Custody Law: A Game Changer

Back in 2018, Kentucky made headlines by becoming the first state to establish a law that defaults to joint custody for parents going through divorce or separation.

This straightforward approach has led to significant changes in the state’s divorce rates. In fact, Kentucky’s rates dropped by 25% from 2016 to 2023, outpacing the national decline of 18%, as reported by the National Center for Family and Marriage Research at Bowling Green State University.

With Kentucky leading the way, other states like Arkansas, West Virginia, Florida, and Missouri have also adopted similar laws. Altogether, around 20 states are now considering such legislation.

As Matt Hale, Vice-Chair of an NPO, pointed out, “There aren’t many laws that truly impact people besides taxes or traffic violations. Equal access to both parents just makes sense.” He shared his thoughts with the Wall Street Journal regarding Kentucky’s legal framework.

Interestingly, Hale believes that this custody law may have inadvertently contributed to the decline in divorce rates. He notes that when parents share custody, they often need to communicate and work through their issues, which can lead to couples staying together. Hale even recounted instances of couples deciding against divorce due to shared custody expectations, only to later reflect on that choice.

This law doesn’t automatically grant 50/50 custody in every situation. Instead, it establishes a general guideline that encourages dividing custody between parents after a divorce. While the Wall Street Journal highlighted some troubling instances where abusive parents were still granted custody, Hale clarified that these outcomes reflect the judges’ decisions rather than a flaw in the law itself.

Generally, the assumption is that parents will share custody equally, unless there are specific concerns like domestic abuse. This framework seems to be fair to everyone involved—mothers, fathers, and children alike—and there are indications that some marriages at risk might be salvaged, as seen in Kentucky.

Divorce can be a nightmare and costly. Research indicates that many divorces are initiated by women. Often, the system doesn’t favor men—normal guys, anyway—who end up losing in custody battles.

Sure, there are complications, but this law is a step toward making divorces less common and, when they do happen, a bit more equitable.