Co-Parenting App for Kentucky Parents

What Kentucky courts consider in custody decisions

Kentucky was the first state in the nation to establish a rebuttable presumption of joint custody and equally shared (50/50) parenting time (enacted 2018). Courts evaluate 11 statutory factors including the wishes of the parents and any de facto custodians, the child's wishes, the child's interaction with parents and siblings, the motivation of each adult in the custody proceeding, the child's adjustment to home/school/community, the mental and physical health of all parties, evidence of domestic violence against a child, and the likelihood each party will allow frequent and continuing contact with the other parent. The equal-time presumption does not apply when a domestic violence order exists.

How the custody process works in Kentucky

Kentucky custody cases are heard in Family Court (where available) or Circuit Court. Because of the 2018 equal-time presumption, the court begins from a baseline of 50/50 parenting time and can only deviate after weighing the 11 statutory best interest factors against the presumption by a preponderance of the evidence. If a domestic violence order has been entered against a party, the equal-time presumption is automatically inapplicable under KRS 403.315, and the court proceeds under the standard best interest analysis.

Key Kentucky custody statutes

• Ky. Rev. Stat. § 403.270
• Ky. Rev. Stat. § 403.315
• Ky. Rev. Stat. § 403.340