Judge Micah Pence. Submitted
STAFF REPORT
Glasgow News 1
Family Court Judge Micah Pence, who serves Kentucky’s 43rd Judicial Circuit, is drawing attention for how she applies the state’s shared parenting law and what it is doing inside her courtroom.
National Parents Organization has announced its winners of the Champion of Children Award, and Pence is one of the recipients.
Pence is tasked with executing Kentucky’s House Bill 528, the nation’s first rebuttable shared parenting presumption for permanent custody orders, and her execution and advocacy for the law is why she is being honored, according to a press release from the organization.
Under the statute, courts start from a presumption of equal shared parenting time but allow that presumption to be challenged when evidence shows it is not in a child’s best interest.
When lawmakers first debated the measure, many legal professionals worried that a 50-50 default could increase conflict between parents.
Pence acknowledges she once shared that concern before she had substantial experience applying the law from the bench.
Her day-to-day work in family court has led her to a different conclusion.
According to Pence, establishing an equal baseline has actually reduced litigation and conflict because it removes the incentive for parents to fight for the label of “primary” custodian.
She has emerged as a strong defender of the statute and frequently explains how it is designed to protect vulnerable families.
The law automatically lifts the shared parenting presumption when there is an active domestic violence order in place, a safeguard Pence points to as critical in cases involving safety concerns.
Beyond her work on the bench, Pence has taken her experience with Kentucky’s approach to other states.
She has traveled to Pennsylvania to share her observations and real-world examples at state Rep. Donna Oberlander Flick’s “Kids Need Both” hearing, according to the press release.
The award is intended for legislators, judicial and family law professionals, and selected citizen advocates who work to establish legal defaults that protect a child’s right to maintain meaningful relationships with both parents after separation, according to the organization.
Key Facts
– Judge Micah Pence presides over Family Court in Kentucky’s 43rd Judicial Circuit, serving Barren and Metcalfe counties
– She applies House Bill 528, which created a rebuttable presumption of equal shared parenting in permanent custody orders
– Pence says the equal baseline has reduced litigation and conflict in her courtroom
– The law lifts the shared parenting presumption when there is an active domestic violence order
– Pence has spoken in Pennsylvania about Kentucky’s experience with the law
– National Parents Organization is promoting shared parenting laws and created a Champion for Children Award to honor key advocates
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