Family Law Blog

Child Custody in Kentucky: The Basics You Need to Know

There are few more emotional matters than negotiation of child custody arrangements. Divorcing parents find themselves facing a new normal in the unfortunate reality that they will spend less time with their children going forward than they have in the past. Luckily, there is plenty of law and precedent that now guides proceedings, and Kentucky has been the state leading the way with regards to child custody arrangements.

Custody Concepts

Custody is the legal right and responsibility to care for and make decisions for a child. There are a few different forms of child custody that parents will have to grapple with to fully understand how it all works. At the outset, it’s important to note that legal custody and physical custody are two separate concepts. “Legal custody” refers to the right of parents to make decisions on behalf of their child. “Physical custody” refers to where the child lives. Each type of custody can be either “joint” or “sole,” so it’s possible the parents share joint legal custody while the child lives with only one parent. “Parenting time” is just how it sounds – time each parent spends with the child.

Kentucky Leads the Way

While the law is no longer the novelty that it once was, Kentucky is a trailblazer in the area of child custody, passing the nation’s first statutory presumption of shared custody in 2018. With the better part of a decade now under its belt, the effects are clear, and more states are following suit. The language of the law at KRS § 403.270 is simple: “[T]here shall be a presumption…that joint custody and equally shared parenting time  is in the best interest of the child.” Before this language entered the law, the more vague standard of “the best interests of the child” led to more acrimony and more difficult outcomes. The presumption that shared custody and parenting time are in the best interests of the child sets a new baseline – wherein divorcing parents must now present evidence that shared custody would NOT be in the best interest of the child.

Other Considerations

While the presumption is in favor of joint custody, there is at least one automatic exception to that presumption – under KRS 403.315, the presumption of joint custody and shared parenting time doesn’t apply in favor of a parent if there has been a domestic violence order entered against that parent. However, even if the presumption of joint custody is overcome and a parent isn’t granted custody or shared parenting, he or she is still entitled to visitation with the child under Kentucky law, absent a finding that such visitation would endanger the child’s well-being.

The State of Child Custody

With this new presumption in place, child custody is no longer the battleground it once was. It’s not impossible to overcome this presumption, but it creates a status quo that’s often more reasonable to accept than to fight, which is its purpose. Although the framework may be frustrating to parents undergoing a divorce, it is intended to streamline the divorce and custody process by ensuring that both parents remain meaningfully involved in the child’s life and custodial decisions.

If you have more questions about the child custody process, contact a McBrayer attorney today.

Sherry Hurley is a Senior Associate in McBrayer PLLC’s Louisville office, where she focuses on family law and helps clients navigate divorce, custody, and other sensitive matters with compassion and clarity. Her background in criminal and civil litigation provides a strong investigative perspective and advocacy skills that support practical, effective solutions for families. Sherry can be reached at (502) 327-5400 or shurley@mcbrayerfirm.com.

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