The law in plain words
Under KRS 403.270, joint custody and equally shared parenting time are presumed to be in the child's best interests. A parent can rebut that by a preponderance of the evidence.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Kentucky explains what the figures can and cannot show.
Custody, time-sharing and de facto custodians
Kentucky orders use a few key terms.
- Joint custody: both parents share major decisions about the child.
- Sole custody: one parent decides schooling, health care and religion.
- Time-sharing: the schedule of when the child is with each parent. Courts also call it parenting time or visitation.
- De facto custodian: a non-parent, often a grandparent, who was the child's main caregiver and financial supporter.
A de facto custodian needs six months of that care for a child under 3, or a year for an older child. The time is counted over the last two years.
Once a court finds this by clear and convincing evidence, that person stands on equal footing with a parent.
Is Kentucky a 50/50 state?
Partly. Kentucky law starts from a presumption of joint custody and equal time. That is a starting point, not a guarantee.
- When it applies: to temporary orders since June 2017, and to final orders and changes since July 14, 2018.
- How it is overcome: a parent shows, more likely than not, that another arrangement is better for the child.
- If time is not equal: the court must build a schedule that gives each parent as much time as is good for the child.
The presumption does not apply to a parent with a domestic violence order against them. Since October 1, 2026, two or more acts of domestic violence reverse it.
Bills to remove the presumption failed in 2025 and 2026.
Domestic violence comes first
Since October 1, 2026, a Kentucky judge works in a set order.
- Screen first. The court must consider any claim of domestic violence, child abuse or neglect.
- Write it down. The judge must make written findings on how those claims affect the child.
- Then the factors. Only then does the court weigh the other best-interest factors.
This came from Senate Bill 122, passed in 2026 with large majorities in both chambers.
The best-interest factors
After that first step, KRS 403.270 lists factors the court must weigh, along with anything else relevant:
- what each parent, and any de facto custodian, wants
- the child's wishes, taking into account any influence from a parent
- the child's relationships with parents, siblings and other important people
- the motivation of the adults in the case
- the child's adjustment to home, school and community
- the mental and physical health of everyone involved
- any domestic violence finding, its effect on the child and any treatment completed
- whether a parent maliciously made a false claim of child abuse
- the care given by any de facto custodian
- why the child was placed with a de facto custodian
- how the child came to be with a de facto custodian, including whether violence kept a parent from seeking custody
- how likely each parent is to allow frequent, meaningful contact with the other, unless that parent committed domestic violence
The false-claim factor is new since October 2026. A parent who left home because their spouse harmed or seriously threatened them cannot be marked down for leaving.
Your child's wishes
Kentucky sets no age at which a child decides. The child's wishes are one factor.
The court must consider whether a parent may have influenced what the child says.
A judge may interview the child privately in chambers to learn their wishes. A record of the interview is made.
Mothers' and fathers' rights
Kentucky gives each parent equal consideration. Under KRS 405.020, the father and mother "shall have the joint custody, nurture, and education" of their children.
Neither parent starts ahead in court. The joint custody and equal time presumption applies to both.
If you were never married
KRS 405.020 gives a father and mother joint custody of their children. To ask a court for custody or time-sharing, an unmarried father first needs paternity established.
- Birth certificate: an unmarried father is added only through a paternity acknowledgment the mother consents to, or a court order.
- Effect: a signed acknowledgment carries the same weight as a court judgment of paternity.
- First 60 days: paternity is a rebuttable presumption for 60 days, or until a court case about the child starts if sooner.
- After that: challenging it gets much harder. A family lawyer can explain the options.
A mother, father, the child or someone supporting the child can bring a paternity case. The county attorney usually brings it, and Family Court generally hears it.
Once paternity is set, either parent can ask the court for custody and time-sharing.
Domestic violence and protective orders
Kentucky changed these rules on October 1, 2026.
- Two or more acts: joint custody and equal time are presumed not in the child's best interest for that parent.
- Before custody returns: that parent must complete a batterer's program, parenting classes, assessments and supervised visits. The court then holds hearings.
- Protecting the safe parent: a court cannot take time from a safe, bonded parent just to improve the child's bond with the abusive one.
- A child who resists contact: any order must mainly address the abusive parent's behavior.
The court may not order mediation where domestic violence is found. The exception is a voluntary request by the victim, if the court finds mediation workable.
A domestic violence order can grant temporary custody. It lasts up to three years and can be renewed. Filing costs nothing.
Emergency and temporary custody
Kentucky has three main routes when a child needs protection quickly.
- Temporary custody: file a motion with a sworn affidavit. The court may award temporary custody after a hearing, or on the affidavits if there is no objection.
- Emergency protective order: a judge can issue it the same day, without the other parent present, if there is immediate danger. It can include temporary custody.
- Full hearing: the hearing on a protective order must be within 14 days.
An "emergency custody order" in Kentucky usually means a child abuse or neglect order. It lasts up to 72 hours, not counting weekends and holidays, unless a removal hearing is held.
The 50/50 presumption also applies to temporary orders, subject to the domestic violence rules.
Moving with your child
Kentucky has no relocation statute. Family Court Rule 7 sets the steps.
- Before you move: file written notice with the court and serve the other parent. Form AOC-241 is the official notice.
- What it says: the new address, the moving date and the effect on time-sharing.
- Joint custody: if time-sharing changes, the moving parent files an agreed order or a motion within 20 days of filing the notice.
- The other parent: has 20 days from service to file their own motion.
If there is a protective order, the new address can go in a sealed envelope for the court only.
Under Pennington v. Marcum (2008), a dispute about a move is treated as either a custody change or a time-sharing change.
Changing custody: the 2-year rule
Under KRS 403.340, you generally cannot ask to change custody within two years of the order.
The exceptions are sworn affidavits showing the child may be seriously endangered, or placement with a de facto custodian.
After that, you must show a change in circumstances and that the change is needed for the child's best interest. The 50/50 presumption applies again.
- Missed visits or unpaid support cannot be the only reason for a custody change.
- Time-sharing can be changed at any time for the child's best interest.
- Harassing filings can lead to an order to pay the other parent's fees.
Time-sharing schedules
Kentucky has a statewide, optional sample schedule. It is called the Sample Parenting Time Guidelines, Appendix C of the Family Court rules.
Its baseline gives the other parent at least:
- every other weekend, plus one midweek visit
- holidays rotating each year
- two periods of two weeks in a row in the summer
That is well below equal time. The rules say a sample schedule should not be presumed to suit a particular child.
Many circuits have their own local schedules. Our schedule comparison tool can help you compare rotations.
How to file for custody in Kentucky
Custody cases are heard in the Family Court division of Circuit Court. Kentucky must usually be the child's home state for the six months before you file.
- Get the papers. Kentucky's legal aid groups publish self-help packets for sole and joint custody.
- File in Family Court where the child lives, and pay or waive the fee.
- Serve the other parent. They get a copy and a chance to respond.
- Ask for temporary custody by motion with an affidavit, if you need an order while the case runs.
- Attend what the court orders. Classes and mediation are ordered case by case, not in every case.
Custody hearings get priority on the court's calendar. Kentucky Legal Aid's custody pages explain each step.
How much does it cost to file for custody in Kentucky?
Filing fees were updated on July 1, 2026.
| Fee | Amount |
|---|---|
| Circuit Court civil filing fee | $188 |
| Technology fee | $20 |
| Domestic violence order petition | Free |
Other statutory and local fees can be added, so ask your circuit clerk for the total.
If you cannot afford it, ask to proceed as a poor person on form AOC-026. You qualify at or below 100% of the court's sliding scale, or if paying would leave you without necessities.
What changed in 2026
Senate Bill 122's custody provisions took effect on October 1, 2026. It is the biggest change since 2018.
- Domestic violence first: judges must screen for abuse and write findings before weighing other factors.
- New factor: a malicious, false claim of child abuse now counts against the parent who made it.
- Reverse presumption: two or more acts of domestic violence flip the 50/50 starting point.
- January 1, 2027: paid visit supervisors and parenting coordinators need 16 hours of training.
Bills to remove the 50/50 presumption, and a make-up time bill, all failed.
Building the record
Kentucky's presumption can be overcome only with evidence. Denied time, missed exchanges and safety concerns are all shown by dates.
Note each exchange and each incident as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Kentucky.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Kentucky custody record
Kentucky's presumption can be overcome only with evidence. Keep these items current so your facts are ready.
Keep the evidence Kentucky's presumption turns on
Casewell keeps dated exchanges, care notes and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Kentucky a 50/50 custody state?
Kentucky starts from a presumption of joint custody and equal time. A parent can rebut it with evidence. It does not apply to a parent with a domestic violence order against them.
What is a de facto custodian in Kentucky?
A non-parent who was the child's main caregiver and financial supporter for six months, or a year if the child is 3 or older. A court must find it by clear and convincing evidence.
At what age can a child choose which parent to live with in Kentucky?
No age lets a child choose. The child's wishes are one factor, and the court weighs whether a parent influenced them.
How much does it cost to file for custody in Kentucky?
The Circuit Court filing fee is $188, plus a $20 technology fee and possible local fees. You can ask to file as a poor person on form AOC-026.
Does the 50/50 presumption apply if there is domestic violence?
Not to a parent with a domestic violence order against them. Since October 1, 2026, a finding of two or more acts reverses it. A single act is weighed as a factor.
How soon can I change a custody order in Kentucky?
Generally not within two years, unless affidavits show the child may be seriously endangered. Time-sharing can be changed at any time.
Sources
This page summarizes Kentucky Revised Statutes Chapters 403, 405 and 406 and the Family Court Rules as of October 2026. It explains the law in general terms and is not legal advice.
- KRS 403.270 โ custody, the joint and equal time presumption and the best-interest factors checked
- KRS 403.315 โ domestic violence and the presumption checked
- KRS 403.280 โ temporary custody checked
- KRS 403.340 โ modifying custody and the two-year rule checked
- KRS 403.320 โ visitation and time-sharing checked
- KRS 405.020 โ parents' joint custody of their children checked
- KRS 406.025 โ paternity acknowledgments checked
- 2026 Kentucky Acts chapter 92 (Senate Bill 122) checked
- Kentucky Legal Aid โ custody and parenting time checked