Around the country, the fathers' rights movement was gaining momentum. Dividing time and decision-making equally between parents, advocates argued, reduced children's feelings of abandonment, promoted gender equality and lowered tension between feuding couples.
"There is no law that affects more people other than taxes or traffic," said Matt Hale, vice chairman of the National Parents Organization, a advocacy group, formerly known as Fathers and Families. “Giving children equal access to both their parents is just common sense.” Dads like Hale and Holdsworth found a sympathetic ear in lawmakers including Jason Nemes, a Kentucky state representative whose own father was his primary guardian after his parents divorced.
In 2018, Kentucky became the first state to pass a law making equally shared custody the default arrangement in divorces and separations. Four other states—Arkansas, West Virginia, Florida and Missouri—have since passed their own versions of Kentucky's custody bill. Around 20 more are considering or close to passing similar laws, according to an analysis by the National Parents Organization.
The law has become a model for other states, not least because Kentucky's divorce rate has plummed. Between 2016 and 2023 it fell 25%, compared with a nationwide decline of 18%, according to an analysis by the National Center for Family & Marriage Research at Bowling Green State University.
Hale calls the drop in the divorce rate an unintended bonus of the custody law. He suggested that parents are more likely to stay together because they realize they will be in regular contact regardless, so "they might also work it out." He added that he heard stories of couples who decided not to break up because of the presumption of shared custody, and years later they are glad they stayed together.
Still some argue that these impressive numbers hide a much more complicated story.
"People think divorce rates going down is a good thing and that it indicates stability in marriages, when that's not always the case," said Bowling Green family and marriage center assistant director Krista Westrick-Payne. She explained that the divorce rate typically goes down when couples believe the costs of leaving outweigh the benefits.
Some people stay married to abusive partners, say critics of the law, because they are terrified of leaving their children alone with a parent with a history of violence. "They know their children are safer if they stay," said Elizabeth Martin, chief executive of the Louisville-based Center for Women and Family, which provides services to victims of domestic violence (most but not all of whom are women). “Even if it means taking some beats.”
"There is no law that affects more people other than taxes or traffic," said Matt Hale, vice chairman of the National Parents Organization, a advocacy group, formerly known as Fathers and Families. “Giving children equal access to both their parents is just common sense.” Dads like Hale and Holdsworth found a sympathetic ear in lawmakers including Jason Nemes, a Kentucky state representative whose own father was his primary guardian after his parents divorced.
In 2018, Kentucky became the first state to pass a law making equally shared custody the default arrangement in divorces and separations. Four other states—Arkansas, West Virginia, Florida and Missouri—have since passed their own versions of Kentucky's custody bill. Around 20 more are considering or close to passing similar laws, according to an analysis by the National Parents Organization.
The law has become a model for other states, not least because Kentucky's divorce rate has plummed. Between 2016 and 2023 it fell 25%, compared with a nationwide decline of 18%, according to an analysis by the National Center for Family & Marriage Research at Bowling Green State University.
Hale calls the drop in the divorce rate an unintended bonus of the custody law. He suggested that parents are more likely to stay together because they realize they will be in regular contact regardless, so "they might also work it out." He added that he heard stories of couples who decided not to break up because of the presumption of shared custody, and years later they are glad they stayed together.
Still some argue that these impressive numbers hide a much more complicated story.
"People think divorce rates going down is a good thing and that it indicates stability in marriages, when that's not always the case," said Bowling Green family and marriage center assistant director Krista Westrick-Payne. She explained that the divorce rate typically goes down when couples believe the costs of leaving outweigh the benefits.
Some people stay married to abusive partners, say critics of the law, because they are terrified of leaving their children alone with a parent with a history of violence. "They know their children are safer if they stay," said Elizabeth Martin, chief executive of the Louisville-based Center for Women and Family, which provides services to victims of domestic violence (most but not all of whom are women). “Even if it means taking some beats.”
