Since 2018, Kentucky law has presumed that joint custody and equally shared parenting time are in a child’s best interests. At Wise & Associates in Louisville, custody cases in Jefferson Family Court start from that presumption, and a parent who wants a different arrangement must rebut it with evidence.
What Did the 2018 Law Change?
Before 2018, Kentucky judges decided custody on the child's best interests with no legal starting point. The 2018 amendment to KRS 403.270 created a rebuttable presumption that joint custody and equally shared parenting time are in the child's best interests. Every custody case now begins there. The court also gives equal consideration to each parent.
What Do “Joint Custody” and “Equal Parenting Time” Mean?
- Joint custody means both parents share decision-making authority on major issues such as education, medical care, and religion.
- Equally shared parenting time means a schedule designed to give the child substantially equal time with each parent. It does not require an exact 50/50 split of every week.
Kentucky's family court rules say parenting time orders must be based on the child's best interests and supported by case-specific findings. A court may consider the sample parenting time guidelines in the rules, local guidelines, or a schedule the parents agree to in writing (FCRPP 8).
How Does a Parent Rebut the Presumption?
A parent can rebut the presumption with evidence, by a preponderance of the evidence, that a different arrangement is in the child's best interests (KRS 403.270). Common issues include:
- The distance between the parents' homes and the child's school
- A parent's work schedule or availability
- A parent's history of involvement, or lack of involvement, in the child's care
- Substance abuse, neglect, or safety concerns
The presumption does not apply to a parent who has a domestic violence order entered against them (KRS 403.270).
What Best-Interest Factors Do Kentucky Courts Consider?
Under KRS 403.270, the court considers all relevant factors, including:
- The wishes of each parent and of the child
- The child's relationships with parents, siblings, and others
- Each parent's motivation to participate in parenting and timesharing
- The child's adjustment to home, school, and community
- The mental and physical health of everyone involved
- Information, records, and evidence of domestic violence
- The likelihood that a parent will allow the child frequent, meaningful, and continuing contact with the other parent
What Does Jefferson Family Court Look For?
Jefferson Family Court applies the same statute and statewide family court rules. In practice, that means:
- Evidence, not labels. Each parent's involvement, schedule, and plan for the child, supported by records and witnesses.
- Disclosure before a hearing. In a custody hearing, each side must give the other a list of witnesses and exhibits at least 14 days before the hearing, unless the court orders otherwise (FCRPP 7).
- Court-appointed help. A guardian ad litem may be appointed to advocate for the child's best interests, and a friend of the court or custodial evaluator may investigate and report to the judge.
- Divorce education. In a divorce with minor children, the family may be ordered to complete a divorce education program.
Can Parents Agree to Something Other Than Equal Time?
Yes. Parents can agree to any custody and timesharing arrangement, and the court approves it if it serves the child's best interests. Many agreed plans give one parent more school-week time and the other more weekend, holiday, or summer time.
How Wise & Associates Handles This
Frequently Asked Questions
Is 50/50 custody automatic in Kentucky?
No. Kentucky presumes joint custody and equally shared parenting time are in the child’s best interests, but the presumption can be rebutted with evidence, and parents can agree to a different schedule.
When did Kentucky start presuming joint custody?
Kentucky amended KRS 403.270 in 2018 to create the rebuttable presumption of joint custody and equally shared parenting time.
Does a domestic violence order change the presumption?
Yes. The joint custody presumption does not apply to a parent who has a domestic violence order entered against them.
Does equal parenting time mean an exact 50/50 schedule?
Not necessarily. It means substantially equal time, and the schedule must fit the child’s best interests and circumstances.
Can a child choose which parent to live with in Kentucky?
The child’s wishes are one of the factors the court considers, but there is no age at which the child decides.
How much does a custody case cost at Wise & Associates?
At Wise & Associates, custody cases start with an upfront flat fee between $1,500 and $5,000. Mediation, contested hearings, and trial are each priced before they begin.
Related Reading
- Louisville child custody lawyer
- Pricing and staged flat fees
- How to establish paternity in Kentucky
- Relocating with children after divorce
Talk to a Louisville Custody Lawyer
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.