Child Custody in Kentucky
State-specific overview · Family Law
Kentucky presumes joint custody is in the child's best interest unless evidence shows otherwise.
How Kentucky treats Child Custody
Kentucky law creates a presumption favoring joint custody and joint parenting time when both parents are capable. Courts must consider the best interests of the child, including factors like parental fitness, the child's relationship with each parent, and the child's adjustment to home and school. Kentucky courts will award sole custody only when joint custody would be detrimental to the child. The statute generally requires courts to encourage both parents to maintain frequent and continuing contact with the child.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Kentucky.