Child Custody Laws in Kentucky

Custody is decided by the child's best interests, with equal consideration to each parent. There is a rebuttable presumption that joint custody and equally shared parenting time are in the child's best interests (subject to the domestic-violence rules in KRS 403.315). The court first considers any allegations of domestic violence or child abuse and makes written findings, then weighs factors such as the parents' wishes, the child's wishes, the child's relationships, adjustment to home and school, health, and each party's willingness to allow frequent contact with the other parent. If equal time is not ordered, the schedule must maximize each parent's time consistent with the child's welfare. No specific age is set for the child's preference; the judge may interview the child in chambers.

A party to a custody case can ask for a temporary custody order by filing a motion supported by an affidavit stating the facts. The court can decide after a hearing, or on the affidavits alone if no one objects. For temporary orders there is a presumption, which can be overcome, that temporary joint custody with equal parenting time is in the child's best interest. A temporary order can be changed if there is a material and substantial change in circumstances.