Child custody in Kentucky

What the law tells the judge to look at

In the order the law lists them.

1. What the child's parents (and any de facto custodian) want for custody.KRS 403.270(4)(a)
2. What the child wants, keeping in mind how a parent or de facto custodian may have influenced the child.KRS 403.270(4)(b)
3. How the child gets along with parents, brothers and sisters, and anyone else who may significantly affect the child's best interest.KRS 403.270(4)(c)
4. The motives of the adults in the custody case.KRS 403.270(4)(d)
5. How well the child is adjusted to home, school, and community, and staying close to them.KRS 403.270(4)(e)
6. The mental and physical health of everyone involved.KRS 403.270(4)(f)
7. A court finding that one party committed domestic violence and abuse against a child of the parties or the other party, how it affected the child and the child's relationship with each party, and any effort to complete domestic violence treatment, counseling, or a program.KRS 403.270(4)(g)
8. A court finding that a party maliciously made a false child abuse accusation against the other party, knowing it had no basis.KRS 403.270(4)(h)
9. How much a de facto custodian has cared for, nurtured, and supported the child.KRS 403.270(4)(i)
10. Why the parent or parents placed the child with a de facto custodian.KRS 403.270(4)(j)
11. The circumstances of the child's placement with a de facto custodian, including whether domestic violence kept the parent from seeking custody, or whether the placement let the parent work or go to school.KRS 403.270(4)(k)
12. How likely each party is to allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian. The judge cannot use this factor against a party when the other parent committed domestic violence against that party or a child and continued contact would endanger them.KRS 403.270(4)(l)

Other things the judge considers

• Before looking at the other factors, the judge must first consider any allegations of domestic violence and abuse or child abuse or neglect by one party against the other or a child, and make written findings about how they affect the child.KRS 403.270(3)
• If a domestic violence order is being or has been entered against a parent, the presumption of joint custody and equal time does not apply to that parent. If the judge finds a party committed two or more acts of domestic violence and abuse against the other party, the law presumes joint custody and equal time are not in the child's best interest.KRS 403.315(1), (2)
• A party found to have committed two or more acts of domestic violence against the other party cannot get custody or unsupervised visits until completing a batterer's intervention program, parenting classes, and substance use and mental health assessments (and any treatment), and taking part in supervised visitation. The judge must then hold an evidentiary hearing before unsupervised visits and another before custody.KRS 403.315(3)
• The judge may interview the child in chambers about custody and visitation wishes, and may get advice from professionals.KRS 403.290

What the judge may not consider

If a parent left the family home because the other spouse physically harmed or seriously threatened that parent, the judge cannot hold the leaving against that parent (KRS 403.270(5)).

Joint custody

Yes, a rebuttable presumption that joint custody and equally shared parenting time is in the child's best interest. It can be overcome by a preponderance of the evidence. If equal time is not ordered, the judge must make a schedule that gives each parent as much time as possible while keeping the child safe. The presumption does not apply to a parent with a domestic violence order against them, and is reversed if a party committed two or more acts of domestic violence.

The child's wishes

The judge considers the child's wishes about custody, keeping in mind any influence by a parent or de facto custodian. The law does not set an age. The judge may interview the child in chambers.

Domestic violence

Yes. Domestic violence allegations must be considered first, with written findings. The equal-time presumption does not apply to a parent who has a domestic violence order (DVO) against them. If a party committed two or more acts of domestic violence against the other party, the law presumes joint custody and equal time are not in the child's best interest, and that party cannot get custody or unsupervised visits until completing a batterer's program, parenting classes, and assessments and treatment, and doing supervised visits, followed by court hearings.

Who has custody before a court order

Kentucky law says a child's father and mother have joint custody, care, and education of their minor children. When parents are not married, the father must first establish paternity (by a voluntary acknowledgment or a court order) before he can ask for custody or visitation.

Establishing paternity

How

Both parents can sign a Voluntary Acknowledgement of Paternity, usually at the hospital, or later. Once filed with the Office of Vital Statistics, it is a legal document. Either parent can cancel (rescind) it within 60 days with a rescission form from the local health department, signed before a notary. After 60 days it can be challenged only in court. Paternity and custody are separate: once paternity is established, the father may ask the court for custody or visitation. You can also ask the child support office or the court to establish paternity, including genetic testing.

Form

Voluntary Acknowledgement of Paternity

Cancelling it

Within 60 days, using a rescission form from your local health department, signed in front of a notary and filed with the Office of Vital Statistics.

Agency

Kentucky Office of the Attorney General, Child Support - Kentucky Paternity Acknowledgement Program (with the Office of Vital Statistics)
https://www.ag.ky.gov/Resources/Child-Support/Pages/default.aspx
(502) 564-2285

Changing an order

A motion to change custody cannot be filed within 2 years of the order, unless sworn affidavits show the child's current environment may seriously endanger the child's physical, mental, moral, or emotional health, or the custodian placed the child with a de facto custodian. To change custody, the judge must find that facts that came up after the order (or were unknown then) show a change in the child's or custodian's circumstances, and that the change is needed for the child's best interest. The judge looks at whether the custodian agrees, whether the child has been integrated into the other parent's family with consent, the best-interest factors, any serious danger in the current home, and whether the benefits of a change outweigh the harm. When custody is changed, the law again presumes joint custody and equal parenting time. A temporary order can be changed on a material and substantial change in circumstances. Visitation can be changed when it serves the child's best interest.

Waiting period: 2 years after the custody decree, unless affidavits show serious danger to the child or placement with a de facto custodian

Law: KRS 403.280(6), 403.320(3), 403.340, 403.350

If the other parent does not follow the order

The Family Court can hold a party in contempt for not following a custody or visitation order (Family Court Compliance Show Cause Order, AOC-FC-1). A parent's repeated or substantial failure, without good cause, to follow the visitation terms can be considered when deciding whether to change custody, but custody cannot be changed only for that reason. The Attorney General's office runs a Custody and Visitation Hotline: (844) 673-3470 (weekdays 9 a.m.-noon and 1-5 p.m.).

Law: KRS 403.240, 403.340(4)(c)

Grandparent visitation

Yes. The circuit court can give reasonable visitation to a child's grandparents if it is in the child's best interest. If the grandparent's son or daughter (the child's parent) has died, the law presumes visits are in the child's best interest if the grandparent proves a significant and viable relationship with the child, for example: the child lived with the grandparent for 6 months in a row, the grandparent regularly cared for the child for 6 months in a row, or had frequent contact for 12 months in a row, or other facts show losing the relationship would harm the child. A grandparent who took over the deceased parent's child support may get visitation unless it is not in the child's best interest. File in circuit court in the county where the child lives.

Custody by someone who is not a parent

A de facto custodian (a person proven to have been the child's main caregiver and financial supporter for the required time) gets the same standing as a parent and can ask for custody. A relative who earlier had temporary custody through a dependency case may get visitation on clear and convincing evidence that it is in the child's best interest.

Custody and visitation in the order

Yes. A DVO can grant temporary custody using the regular custody rules, subject to the domestic violence presumptions in KRS 403.315. An EPO, issued the same day when there is immediate and present danger, can also include this relief until the hearing, which must be within 14 days. A DVO can last up to 3 years and can be reissued.

Military parents

Kentucky has adopted the Uniform Deployed Parents Custody and Visitation Act.

Law: KRS Chapter 403A