Kentucky House passes bill to protect domestic violence survivors in custody cases

LOUISVILLE, Ky. (WDRB) — Kentucky has the second-highest rate of domestic violence in the United States.

Data from The Center for Women and Families shows 45% of women and about 36% of men in the commonwealth are victims of intimate partner violence.

To address those numbers, lawmakers are pushing a bill that protects domestic violence survivors during custody cases.

House Bill 418 sailed through the House on Wednesday with a 96 to 1 vote. Under the legislation, if one parent committed domestic violence a judge wouldn't be allowed to take custody away from the non-abusive parent.

Joint custody is often the default in Kentucky custody battles. However, under HB 418, if a parent has committed two ore more acts of domestic violence or abuse, the court would assume joint custody is not in the child's best interest. That parent would have to earn back unsupervised visitation.

He or she would take parenting classes, complete a certified batterer's program and get mental health evaluations. After those steps are taken, a judge could consider restoring unsupervised visitation or even full custody.

"(The bill) takes false claims of allegations very seriously and makes that part of the consideration on child visitation," said Rep. Jason Nemes, R-Majority Whip. "No victim of (domestic violence) should lose their child to their abuser."

Under the proposal, paid visitation supervisors and parenting coordinators would need more specialized training to handle custody cases properly.

Supporters of the bill say it protects kids while giving parents a chance to show they've changed. But critics worry it could make family court battles even more complicated.

HB 418 still has to pass the Senate. To read more about the bill, click here.