Want sole custody? You'll have to show you're the better parent

These days, most Kentucky courts prefer to order a joint custody arrangement in which both parents have as much time with the children as possible. This is because the law tends to presume that this will serve the best interests of the children.

If you want sole custody of your children, you will more than likely have to overcome this presumption. You may already believe that you are the better parent for your children, but you will need to prove it to the court. You will do better if you focus on highlighting your positive attributes rather than focusing on negatives about the other parent. The court will want to know that you do not oppose the other parent having a relationship with the children and that you are willing to communicate with him or her. 

Demonstrating that you are the better parent

In your quest to seek sole custody, you will need to show the court the following:

• You put the psychological well-being of your children first. Despite how you may feel about the other parent as a partner, you want your children to have a relationship with him or her.
• You attend to the physical needs and well-being of your children. You are the one who provides for their daily needs, sets up their routines and takes care of their medical and other needs.

The court will want to see that you provide the children with the best life possible and that you are willing to include the other parent in it. If the situation warrants it, the court may award you sole custody. In other cases, the court may order you and the other parent to attempt to work out your own joint custody agreement and timesharing plan.

Negotiating a timesharing agreement

If the court wants you and the other parent to attempt to work out your own agreement, then that provides you with an indication that the court believes that a joint custody arrangement would be better for the children. Unless you have a compelling reason why sole custody would be better (such as in a situation involving domestic abuse), you and the other parent may be better off negotiating a timesharing agreement that best fits your family's needs and circumstances.

If the two of you have trouble working together to that end, you may consider using mediation or collaborative law in order to help you stay on track and come to an agreement that benefits everyone involved.