The Case for Equal Custody: What Kentucky’s Success Could Mean for California

A Turning Point in Family Law

In 2018, Kentucky enacted House Bill 528, the first statewide law in the nation to create a rebuttable presumption of equal shared parenting—50/50 custody—as the starting point in divorce and separation cases. Judges could depart from this standard only when clear evidence showed equal custody was not in the child’s best interest (for example, in cases of domestic violence or neglect).

The results have been striking. Between 2016 and 2023, Kentucky’s divorce rate fell by 25%, compared to an 18% national decline over the same period (Wall Street Journal, 2024). Advocates argue that when parents know fathers will remain equally involved, incentives to weaponize custody battles diminish, litigation decreases, and families are more likely to reconcile or find cooperative solutions.

The Case for Shared Parenting

From a conservative perspective, Kentucky’s law supports long-standing values:

• Strengthening Fatherhood: Fathers are restored to their rightful role as equal participants in raising children, countering decades of courts marginalizing paternal influence.

• Personal Responsibility: Both parents share accountability, reducing reliance on the state to dictate family outcomes.

• Fairness Under Law: A neutral 50/50 presumption removes gender bias, ensuring parental rights are balanced from the outset.

• Family Stability: When children grow up with both parents engaged, they are less likely to experience the destructive effects of fatherlessness, including crime, delinquency, and substance abuse.

What If California Passed a Similar Law?

California’s current custody framework emphasizes the “best interest of the child,” but in practice often defaults to primary custody with mothers, leaving many fathers with limited visitation rights. Implementing a Kentucky-style equal custody presumption could have several impacts:

1. Reducing Family Court Battles

California has one of the largest and most expensive family court systems in the nation. Equal custody presumptions could reduce adversarial custody litigation, lowering legal costs and freeing up courts for more urgent matters.

2. Strengthening Families in Crisis

Research consistently shows that children without fathers present are at higher risk for delinquency, dropping out of school, teen pregnancy, drug abuse, and incarceration. According to the U.S. Department of Justice, 63% of youth suicides, 85% of youth in prison, and 71% of high school dropouts come from fatherless homes (U.S. DOJ, 2021). California, with its youth delinquency crisis, would benefit enormously from reforms that ensure fathers remain central in their children’s lives.

3. Potential Reduction in Divorce Rates

Just as in Kentucky, equal custody in California could act as a deterrent to divorce. When parents know they cannot easily push the other out of their children’s lives—or use custody leverage to extract financial concessions—more couples may seek counseling or reconciliation rather than separation.

4. Impact on Child Support and State Costs

Shared parenting would reshape California’s child support system. Payments would be recalibrated when both parents carry equal responsibilities, potentially reducing financial strain and decreasing reliance on state aid.

5. Challenges Unique to California

• Geography & Work Schedules: With long commutes and high cost of living, strict 50/50 splits may not always be practical.

• Domestic Violence Concerns: California has higher rates of reported domestic violence than Kentucky, requiring robust safeguards to protect children and survivors.

• Political Resistance: California’s progressive political environment often prioritizes mother-centric custody norms, which could slow adoption of a reform rooted in traditional, family-first values.

Why Fatherlessness Matters for California’s Future

The evidence is clear: fatherlessness drives delinquency. Studies link absent fathers to:

• Higher juvenile crime rates (Harper & McLanahan, 2004).

• Increased likelihood of gang involvement (National Fatherhood Initiative, 2022).

• Emotional instability and academic decline (US Census Bureau, 2020).

In a state already struggling with rising youth crime, homelessness, and incarceration costs, California cannot afford to sideline fathers any longer. Equal custody would not just be a family law reform—it could be a public safety reform and a cultural restoration.

Conclusion

Kentucky’s experience demonstrates that equal custody laws reduce divorce, empower fathers, and stabilize families. For California, adopting such a law could be transformative: lowering delinquency, reducing taxpayer costs, and restoring the centrality of fatherhood in society.

If California is serious about tackling youth crime and strengthening families, the path forward is clear: follow Kentucky’s lead, and give children what they deserve—a mother and a father equally engaged in their lives.

References

• Wall Street Journal. (2024). The Equal Custody Experiment: How Kentucky’s Law Changed Divorce.

• Kentucky House Bill 528 (2018). Equal Parenting Time Presumption.

• U.S. Department of Justice. (2021). Indicators of Father Absence and Juvenile Delinquency.

• U.S. Census Bureau. (2020). Living Arrangements of Children Under 18.

• Harper, C. & McLanahan, S. (2004). Father Absence and Youth Delinquency. Journal of Research on Adolescence.

• National Fatherhood Initiative. (2022). The Consequences of Father Absence.