*New Updates to the Kentucky Law as of 2018. A new rebuttable presumption that joint custody and equal parenting time is in the best interest of the child. The presumption may be rebutted by a preponderance of the evidence. Exception to the presumption is set out in KRS 403.315. Presumption shall not apply if a domestic violence order has been or will be entered against the other party.
CHILD CUSTODY ARRANGEMENTS GENERALLY
Child custody can be sole, joint or split.
Sole Custody – The best interest of the child standard is applied to determine if giving sole custody to one parent is in the best interest of the child. Sole custody gives one parent all the power and decision making authority concerning the child. The other parent has no legal say. However, in a sole custody situation, the other parent may still get visitation rights.
Joint Custody– Joint custody is favored in Kentucky and gives both parents equal legal rights and decision- making authority concerning their children. In a joint custody situation one parent will be the custodial parent with whom the child will reside, and the other parent will have visitation.
Split Custody– In a split custody arrangement, both parents split equal time with the children.
Primary Residence– The child’s primary residence is where the child resides with his or her custodial parent.
Best Interests of the Child * Additional factors have been added in 2018 that are not listed here. Call for a free consultation.
Child custody is determined in accordance with the best interests of the child. The court considers all relevant factors including:
- The wishes of the child’s parents
- The child’s wishes
- The interaction and interrelationship of the child with his parents and other family members
- Child’s adjustment to home, school , and community
- The mental and physical health of all individuals involved
- Evidence of domestic violence
- The extent to which the child has been cared for, nurtured and supported by any de facto custodian
- The intent of the parents in placing the child with a de facto custodian
Change of Custody- Modification of Custody Decree
Ordinarily a motion to modify a custody decree cannot be filed earlier than (2) years after the custody decree. An exception to (2) year waiting period is made, if the child’s present environment may endanger seriously his physical, mental, moral or emotions health; or the custodian appointed under the prior decree has placed the child with a de facto custodian.
Aleksander Law Office can help you determine whether or not a motion for modification is appropriate for you.
In Kentucky non-custodial parents are entitled to reasonable visitation rights, unless it would endanger the child. The parties can agree to visitation subject to the Court’s approval. If the parties cannot agree, then upon request of either party, the Court will issue an order setting the specific terms and conditions of visitation.
Modification of Visitation
The criteria used to modify visitation rights is best interests of the child.
The court will not restrict a parent’s visitation right unless the court finds that the visitation would endanger seriously the child’s physical, mental moral or emotional health.