Squires v. Squires

Respectfully, I dissent.

The decision in this case will profoundly affect the future of countless children. The subject is how to interpret and apply KRS 403.270(4), which states:

“The court may grant joint custody to the child’s parents if it is in the best interest of the child.”

Under this statute, including subsection (4), the “best interest of the child” is not just another thing to be considered along with the sensibilities of the parents in awarding custody. It is not just the most important thing. It is the only thing.

The Majority Opinion states:

“In such cases, the court is called upon…