Kentucky Custody & Parenting Time
Current, source-linked Kentucky terminology and rules without imported out-of-state formulas.
Kentucky terminology
Legal custody
The right to make major decisions (education, health, religion, activities).
Physical custody
Where the child lives.
Parenting time / timesharing
The time each parent spends with the child.
Best interests
The standard; decided on 11 factors in KRS 403.270(2).
Core rules
- Kentucky uses 'custody' (legal/physical, joint/sole) plus 'parenting time' / 'timesharing'
- Kentucky presumes joint custody AND equally shared parenting time (rebuttable by a preponderance of the evidence) — first-in-the-nation presumption (KRS 403.270)
- If equal time is not warranted, the court maximizes each parent's time with the child
- The presumption does NOT apply if a domestic violence order has been entered (KRS 403.315)
- The court decides on 11 best-interest factors (KRS 403.270(2))
- Cases are heard in Circuit Court (Family Court division)
Support and modification cautions
Kentucky uses the Income Shares model (KRS 403.212). Custody modification has a 2-year restriction and needs a material change plus best interests; child support needs a substantial and continuing change (15% deviation). A parent with 73+ days of parenting time a year may earn a credit.
- KRS 403.270 — custody / best interests
- Kentucky Child Support Estimator
- Kentucky Court of Justice — self-help
Always confirm current local forms, fees, and filing procedure with the clerk of the Kentucky Circuit Court handling your case.