Equal Custody Law Has Lowered Divorce Rates. But at What Cost?

Kentucky was the first U.S. state to institute a 50/50 custody law as a starting point. The litigation slashed divorce rates. But there’s more to the story. Here’s what Arizona families should know as national custody laws evolve.

While Harmony Law is based in Phoenix, Arizona, we may be able to match you with a compassionate and experienced family law attorney in your state. That’s important because custody laws are evolving fast across the country, and families need to know how these changes might affect their rights and their children’s well-being.

In Kentucky, a controversial custody law has led to a dramatic shift in the state’s divorce rates and sparked a nationwide conversation about shared parenting. In 2018, the Bluegrass State became the first state to pass a law making 50/50 custody the legal starting point in divorce or separation cases. Fathers’ rights advocates celebrated the new legislation as a long-overdue correction to what they saw as a biased system that had previously marginalized fathers. Supporters claimed the law promoted gender equality, reduced emotional harm to children, and decreased hostility between parents.

And they may have been right, at least on the surface. As the Wall St. Journal reports, since 2016, Kentucky’s divorce rate has fallen 25%, far outpacing the national drop of 18%. Advocates argue that knowing they will have to co-parent no matter what has discouraged some couples from splitting up in the first place.

But critics say these numbers may be misleading. Domestic violence advocates and family counselors warn that the law’s default position could place children and abused parents at greater risk. The law makes it harder for judges to deny shared custody unless there’s a formal record of abuse, such as a domestic violence protective order. But many survivors don’t seek protective orders for fear of retaliation, disbelief, or simply being worn down by trauma.

Some Kentucky mothers report that even with documented evidence of abuse, judges have awarded 50% custody to violent partners. For survivors, the presumption of equal time sharing can feel like an insurmountable legal wall. Some have been forced to remain in unsafe marriages to avoid leaving their children alone with an abusive parent. Others say their children have suffered injuries or trauma as a result of shared custody orders.

Supporters of the law maintain that it includes safeguards, such as automatically lifting the shared custody presumption in cases involving domestic violence orders. Yet real-world cases suggest the burden of proof remains heavy for survivors; sometimes, the stakes are painfully high.

The law’s ripple effects go beyond custody. Some scholars point out that financial incentives, like reduced child support payments for equal-time parents, may encourage some individuals to seek 50/50 custody for monetary reasons rather than the child’s best interest. While many fathers earnestly want to be fully involved in their children's lives, critics caution against a one-size-fits-all approach.

How Does Arizona Handle Shared Custody?

Arizona law also encourages shared parental decision-making and time with both parents after a divorce or separation. However, it does not establish an automatic 50/50 custody presumption. Instead, Arizona courts start from the position that meaningful contact with both parents is generally in the child’s best interest. However, the family courts in the Grand Canyon State weigh many factors before deciding custody arrangements.

These factors include the child’s relationship with each parent, any history of domestic violence or substance abuse, and each parent’s ability to provide a stable and loving environment. If there is evidence of abuse, Arizona judges may limit custody or parenting time accordingly.

Unlike Kentucky’s blanket approach, Arizona judges retain broad discretion to tailor custody orders to the specific needs and safety of each family. That can offer greater protection to children and survivors, while still preserving the principle that both parents should play a role in their child’s upbringing whenever possible.

Could Arizona Move Toward Kentucky’s Model?

Arizona lawmakers have not yet proposed a Kentucky-style law, but the national debate is heating up. With at least four other states adopting similar shared custody presumptions and 20 more considering them, family law across the country is in flux. Some Arizona parents may welcome a push for more equal parenting time. Others worry such changes could override critical judicial discretion in dangerous cases.

If you’re concerned about how evolving custody laws may affect your rights, your children, or your ability to leave an unsafe relationship, it’s important to seek legal advice from someone who understands both the law and the lived realities of families like yours.

At Harmony Law, we’re here to help connect you with experienced attorneys who can provide compassionate, informed guidance, whether you’re in Arizona or elsewhere. Family law decisions can shape your life and your children’s future. Don’t face them alone.

Need a Trusted AZ Family Law Attorney?

If you're going through a separation, facing custody disputes, or worried about your child's safety, you deserve an exceptional family law attorney who understands the system inside and out but won’t charge you a big firm fee.

Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.