Custody in Kentucky.

Decisions against where the child lives

Kentucky does not split "legal" from "physical" custody in the statute the way most states do. KRS 403.270 speaks of "custody" — sole or joint — and separately of "parenting time." Joint custody in Kentucky is about shared decision-making authority; the schedule of where the child sleeps is the parenting time schedule, and the statute treats it as a separate question with its own equal-time presumption.

What the judge must weigh

(4) After making the consideration required in subsection (3) of this section, the court shall consider all other factors relevant to the determination of custody including:

1. (a) The wishes of the child's parent or parents, and any de facto custodian, as to his or her custody;
2. (b) The wishes of the child as to his or her custodian, with due consideration given to the influence a parent or de facto custodian may have over the child's wishes;
3. (c) The interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly affect the child's best interests;
4. (d) The motivation of the adults participating in the custody proceeding;
5. (e) The child's adjustment and continuing proximity to his or her home, school, and community;
6. (f) The mental and physical health of all individuals involved;
7. (g) A finding by the court that domestic violence and abuse, as defined in KRS 403.720, has been committed by one (1) of the parties against a child of the parties or against another party. The court shall determine the extent to which the domestic violence and abuse has affected the child and the child's relationship to each party, with due consideration given to efforts made by a party toward the completion of any domestic violence treatment, counseling, or program;
8. (h) A finding by the court that a party has maliciously made an intentionally false allegation of child abuse which has no basis in fact and which the party knew had no basis in fact against another party;
9. (i) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;
10. (j) The intent of the parent or parents in placing the child with a de facto custodian;
11. (k) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school; and
12. (l) The likelihood a party will allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian, except that the court shall not consider this likelihood if there is a finding that the other parent or de facto custodian engaged in domestic violence and abuse, as defined in KRS 403.720, against the party or a child and that a continuing relationship with the other parent will endanger the health or safety of either that party or the child.

(5) The abandonment of the family residence by a custodial party shall not be considered where that party was physically harmed or was seriously threatened with physical harm by his or her spouse, when the harm or threat of harm was causally related to the abandonment. (6) If the court grants custody to a de facto custodian, the de facto custodian shall have legal custody under the laws of the Commonwealth.

Recently changed. Kentucky renumbered this section on 15 July 2026 (2026 Ky. Acts ch. 92, sec. 3). The best-interest factors are now subsection (4) and the domestic violence screen is subsection (3). Older material citing KRS 403.270(2) for the factor list is pointing at the wrong subsection.

What the child wants

Yes, with no statutory age. KRS 403.270(4)(b) lists "[t]he wishes of the child as to his or her custodian, with due consideration given to the influence a parent or de facto custodian may have over the child's wishes." KRS 403.290(1) lets the judge interview the child in chambers to learn the child's wishes as to custodian and visitation, may allow counsel to be present, and requires that a record of the interview be made and made part of the case record. KRS 403.290(2) lets the court seek advice from professional personnel, which must be in writing and made available to counsel on request.

Where there has been violence or abuse

KRS 403.315, amended effective July 15, 2026. Three layers. First, if a domestic violence order is being or has been entered against a party, "the presumption that joint custody and equally shared parenting time is in the best interests of the child shall not apply as to the party against whom the domestic violence order is being or has been entered." Second, KRS 403.315(2): "There shall be a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is not in the best interests of the child if the court finds that a party has committed two (2) or more acts of domestic violence and abuse." Third, KRS 403.315(3): the court shall not award custody or grant unsupervised visitation to a party found to have committed two or more acts of domestic violence and abuse unless that party has completed a certified batterer's intervention program, parenting classes, and substance use and mental health assessments with any recommended treatment, AND has participated in supervised visitation — and even then the court must hold an evidentiary hearing before ordering unsupervised visitation, and a second hearing before awarding custodial rights.

Mediation

Not mandatory by statute, and there is a strong domestic-violence guard. KRS 403.036: "In any court proceeding conducted pursuant to KRS 403.010 to 403.350, if there is a finding of domestic violence and abuse, as defined in KRS 403.720, the court shall not order mediation unless requested by the victim of the alleged domestic violence and abuse, and the court finds that: (1) The victim's request is voluntary and not the result of coercion; and (2) Mediation is a realistic and viable alternative to or adjunct to the issuance of an order sought by the victim." Individual family courts may have their own mediation programs.

If the court appoints someone to look into it

KRS 403.300. In contested custody proceedings — and in other custody proceedings if a parent or the child's custodian asks — the court may order an investigation and report concerning custodial arrangements, made by the friend of the court or another agency the court selects. The investigator may consult anyone with information about the child, and with the court's order may refer the child for professional diagnosis; the child's own consent is required if the child has reached age 16, unless the court finds the child lacks capacity to consent. The report must be mailed to counsel and unrepresented parties at least 10 days before the hearing, the investigator's underlying file must be made available, and any party may call the investigator and anyone consulted for cross-examination. The statute does not say who pays. KRS 403.090 provides for a friend of the court, and KRS 403.100 addresses guardian ad litem compensation in specific cases where the petitioner is a crime victim.

Changing the order

KRS 403.340, and there is a real waiting period. Under (2), no motion to modify a custody decree may be made earlier than two years after its date, unless the court permits it on affidavits showing reason to believe the child's present environment may seriously endanger the child's physical, mental, moral, or emotional health, or that the custodian has placed the child with a de facto custodian. Under (3), the court cannot modify unless, after a hearing, it finds on facts arising since the prior decree or unknown to the court then, that a change has occurred in the circumstances of the child or the custodian and that modification is necessary to serve the child's best interests — considering whether the custodian agrees, whether the child has been integrated into the moving party's family with the custodian's consent, the best-interests factors, whether the present environment seriously endangers the child, whether the harm of change is outweighed by its advantages, and whether the custodian placed the child with a de facto custodian. Under (6), attorney fees and costs are assessed against a party seeking modification if the court finds the action vexatious and harassing.