Custody and Parenting Time

Custody is decided by the child's best interests, with equal consideration for each parent and any de facto custodian. There is a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time are in the child's best interests. Where the court departs from equal time, it builds a schedule that maximizes each parent's time consistent with the child's welfare.

• §KRS 403.270StatuteCustodial issues -- Best interests of child to be determining factor -- Rebuttable presumption that joint custody and equally shared parenting time is in child's best interests -- De facto custodianOpens apps.legislature.ky.gov ↗

• Before any other factor, the court considers allegations of domestic violence or child abuse and makes written findings on their impact on the child.
• It then weighs the wishes of the parents and of the child, the child's relationships with parents and siblings, the child's adjustment to home, school and community, and everyone's mental and physical health.
• A malicious, knowingly false allegation of child abuse against the other party is itself a factor.

• §KRS 403.270StatuteCustodial issues -- Best interests of child to be determining factor -- Rebuttable presumption that joint custody and equally shared parenting time is in child's best interests -- De facto custodianOpens apps.legislature.ky.gov ↗

A parent without custody or shared time is entitled to reasonable visitation unless the court finds after a hearing that it would seriously endanger the child's physical, mental, moral or emotional health. Where domestic violence is alleged, the court sets visitation after a hearing so it does not endanger the child or the custodial parent.

• §KRS 403.320StatuteVisitation of minor child -- Visitation rights of custodial relatives following termination of parental rights of othersOpens apps.legislature.ky.gov ↗