If you’ve been following the 8 Passengers saga, you know it’s a mess. A literal nightmare. For a long time, the internet was screaming the same question: why doesn’t Kevin Franke have custody? It seemed like a valid point. His kids were being severely abused in a "concentration camp-like" setting, his wife was spiraling into a religious cult-adjacent nightmare with Jodi Hildebrandt, and Kevin was... where exactly?
Honestly, the timeline is what trips people up. Because for a significant chunk of time following Ruby Franke’s arrest in August 2023, Kevin actually didn't have his kids. They were in the care of the state. People saw a father who had been out of the house for a year and assumed the court had permanently stripped him of his rights. But as of 2026, the reality is the exact opposite of what the early rumors suggested.
The Gap Where He Lost Control
To understand why people keep asking why Kevin doesn't have custody, you have to look at the year leading up to the arrests. In 2022, Kevin was essentially kicked out of his own life.
Ruby Franke and her "business partner" Jodi Hildebrandt convinced Kevin that he was "out of alignment." They pressured him to move out of the family home in Springville, Utah. He complied. For over a year, he was living separately, and by all accounts, he was cut off from his youngest children. This is the "why" behind the initial lack of custody. He wasn't there. He wasn't supervising. He wasn't protecting them because he had been effectively brainwashed into staying away for the "spiritual health" of the family.
When the news broke about the state of the children—specifically the 12-year-old who escaped a window in Ivins—the state of Utah stepped in immediately. On August 30, 2023, the four minor children were placed into Child Protective Services (CPS).
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Kevin didn't just walk in and pick them up the next day. The state had serious questions. Why did he let it get this far? How could a father not know his kids were being duct-taped and starved? For months, the juvenile court kept the kids in state care while they investigated his involvement. This period of "no custody" is what fueled the viral headlines.
The Turning Point in the Courtroom
Despite the public outcry and the "how could he not know" sentiment on TikTok, the legal system works on evidence. Investigators ultimately determined that Kevin was not a suspect in the physical abuse. They found he had been manipulated and kept in the dark by Ruby and Jodi.
By September 2023, Kevin’s attorney, Randy Kester, was already fighting to bridge the gap. He told Today that Kevin was focused on rebuilding relationships rather than "slinging mud." It took time, therapy, and a lot of court-mandated hoops, but the "why doesn't Kevin Franke have custody" narrative began to dissolve legally, even if it stayed alive online.
The 2025 Divorce Decree: Setting the Record Straight
If you're looking for the definitive answer to his current status, it’s in the divorce papers. Kevin and Ruby Franke’s divorce was finalized in March 2025. This document is the final word on the matter.
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According to the decree signed by 4th District Judge Roger Griffin:
- Kevin Franke was awarded full legal and physical custody of the four minor children.
- Ruby Franke was ordered to have no contact with the children.
- Kevin received the $1.3 million family home in Springville and a 2.8-acre plot in Scofield.
- In a move that surprised some, Kevin agreed to consider any back child support from Ruby as "paid," allowing her to keep about $85,000 she had stashed away.
So, the short answer to "why doesn't he have custody" is: he actually does. He has had full custody since the divorce was finalized in early 2025, and he regained physical custody even earlier than that through the juvenile court system.
Rebuilding From the Rubble
It hasn't been a smooth ride. Kevin’s oldest son, Chad, has been vocal about the trauma the family went through. In early 2025, Kevin and Chad appeared on Good Morning America and in a Hulu docuseries called Devil in the Family. They talked about the $100,000 a month they were making at the height of 8 Passengers and how it all came at the cost of their souls.
Kevin has also turned into something of an advocate. In late 2024 and throughout 2025, he spoke to the Utah Child Welfare Legislative Oversight Panel. He’s been pushing for changes in how DCFS (Division of Child and Family Services) handles cases, famously saying the system "failed my children" back in 2020 when 18,000 people signed a petition and nothing happened.
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What's Happening Now in 2026?
Life for the Franke family in 2026 looks nothing like the vlogging days. Kevin is remarried now—he married Becca Bevan in December 2025 after getting engaged a few months prior.
The kids are out of the spotlight. That’s probably the biggest win for them. No cameras, no "Moms of Truth" lectures, just a chance to be normal. While Ruby sits in prison (facing up to 30 years, with a major parole board decision looming in December 2026), Kevin is the one holding the keys to the house and the kids' futures.
The confusion about his custody usually stems from old YouTube videos or news clips from the immediate aftermath of the arrest. It's easy to get lost in the timeline of a case this big. But legally, Kevin Franke is the sole guardian.
Actionable Insights for Following This Case
- Check the Date: Most "Kevin has no custody" claims are from late 2023 or early 2024. Always look for the 2025 divorce decree updates to get the full picture.
- Understand Juvenile vs. Civil Court: Just because CPS takes kids (juvenile court) doesn't mean a parent's rights are terminated forever. Kevin worked through the system to prove he was a fit parent.
- Follow Official Post-Mortems: If you're interested in how this happened, look into the 2025 Utah legislative sessions where Kevin testified. It gives a lot of context on why the system missed the red flags in 2020.
- Respect the Minors' Privacy: The children are no longer public figures. Most reputable news outlets have stopped using their names or current photos to allow them to heal.
You can stay updated on the legal side of things by checking Utah's 4th District Court records or following journalists who specialize in the "momfluencer" beat, as they usually get the first look at parole board filings.