Joint vs. Sole Custody in Kentucky: Is There a Presumption of Equal Time?
Kentucky presumes, rebuttably, that joint custody and equally shared parenting time is in a child’s best interests. A court that deviates must build a schedule that maximizes each parent’s time, and domestic violence reverses the presumption.
Is joint custody presumed in Kentucky?
Yes, rebuttably. The court determines custody in accordance with the best interests of the child and gives equal consideration to each parent and to any de facto custodian, and there is a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is in the child’s best interests (KRS 403.270(2)). The presumption was added by statute amendment (2018 Ky. Acts ch. 198).
What if equal time is not ordered in Kentucky?
If a deviation from equal parenting time is warranted, the court constructs a parenting time schedule that maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child’s welfare (403.270(2)). So the starting point is shared time, and the question is how far the facts push away from it.
What does domestic violence do in Kentucky?
The presumption does not apply when the court finds a party has committed two or more acts of domestic violence and abuse; in that case there is a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is not in the child’s best interests (403.270(2)). The court considers the safety and well-being of the parties when it decides or modifies custody.
Who counts as a de facto custodian in Kentucky?
A person shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child, under the definition in 403.270(1); the court gives such a person equal consideration with each parent.
Does the presumption apply to temporary custody in Kentucky?
Act 198 also provided, for temporary custody orders, a presumption rebuttable by a preponderance of the evidence that the parents or a de facto custodian have temporary joint custody and share equally in parenting time (Act 198).
What about a modification of custody in Kentucky?
The same act provided that when a court modifies a custody decree there is a rebuttable presumption that joint custody and equal parenting time is in the child’s best interest, with a deviation requiring a schedule that maximizes each parent’s time (Act 198).
Does the court weigh the children’s wishes in Kentucky?
The statute directs the court to weigh all the best-interest factors in 403.270(2); read that subsection for the listed factors and ask a licensed Kentucky attorney how your county applies them.
How does the presumption connect to support in Kentucky?
The label does not set the amount; the days do. Count your schedule with the Kentucky parenting time calculator and run the Kentucky child support calculator. The shared parenting time credit starts at 88 days and is requested by motion of the parent seeking it (403.2122).
Can the schedule be changed later in Kentucky?
A party may seek modification after a 15% change in the number of timesharing days and has the burden of proving a material change in timesharing circumstances, and failure to consistently exercise the court-ordered schedule is a ground for the other party to seek modification (403.2122(5)). See moving away with a child in Kentucky.
Frequently asked questions
Does Kentucky favor joint custody?
Yes. It presumes joint custody and equally shared parenting time is in the child’s best interests, and the presumption can be rebutted.
How do you rebut the Kentucky joint custody presumption?
By a preponderance of the evidence that it is not in the child’s best interests.
Does Kentucky require 50/50 parenting time?
No. The court may deviate, but then it must build a schedule that maximizes each parent’s time consistent with the child’s welfare.
When does Kentucky presume against joint custody?
When the court finds two or more acts of domestic violence and abuse by a party.
Can a Kentucky grandparent or caregiver be a de facto custodian?
A primary caregiver and financial supporter shown by clear and convincing evidence can qualify.
Official sources
- KRS 403.270: custody; best interests; joint custody presumption
- KRS 403.2122: shared parenting time credit
- 2018 Ky. Acts ch. 198 (HB 528): joint custody and equally shared parenting time
- Kentucky Worksheet for Monthly Child Support Obligation
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.