Kentucky Child Custody Laws

By Olivia Wathne, Esq. | Legally reviewed by Jordan Walker, J.D. | Last reviewed March 25, 2025

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Kentucky child custody laws prioritize the child's best interests, focusing on legal and physical custody. Legal custody involves decision-making about education, healthcare, and religion, while physical custody determines the child's residence. When parents can’t come to a custody agreement, family courts favor co-parenting with joint custody and equal timesharing but consider factors like parental ability, the child's wishes, and the child’s relationship with each parent to decide child custody issues. Grandparent visitation and the impact of domestic violence are also evaluated to ensure the child's well-being and stability for custody determinations.

Kentucky court orders base child custody decisions on the best interests of the child standard. The judge considers many different factors to determine what is best for the child’s emotional health, including each parent’s wishes and ability to parent, the child's wishes and emotional bonds, and how difficult the child’s adjustment would be to a new neighborhood or school. Domestic violence and child abuse can impact who the child lives with because it can affect the child's well-being.

This article provides a brief overview of child custody laws in the state of Kentucky.

Types of Custody in Kentucky

Under Kentucky child custody laws, custody arrangements are structured to prioritize the child's best interests. Legal custody grants parents the authority to make important decisions regarding the child's upbringing, including matters related to education, healthcare, and religious upbringing. Physical custody determines where the child primarily resides and involves either sole custody, where one parent has primary physical custody of the child, or joint custody, where the child spends significant time with both parents. Kentucky courts carefully consider these factors to establish custody arrangements that ensure the child's well-being and safety while promoting stability in the child's life.

Child Custody Laws in Kentucky: At a Glance

The table below details the main child custody laws in Kentucky.

Code Sections § 403.010 et seq. of the Kentucky Revised Statutes
Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted 2004
Joint Custody an Option? Yes, Kentucky has the rebuttable presumption that joint custody and equal parenting time (in all new custody cases/divorces with children) is in the best interest of the child
Grandparent Visitation Rights Recognized? Yes, Kentucky allows it but you must show clear and convincing that it would harm the child to cut off grandparents' visitation rights
Child's Own Wishes Considered? Yes, Kentucky does consider the wishes of the child but does not have a choice until the age of 18

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Confused About Kentucky Custody Laws? An Attorney Can Help

Child custody cases can be emotional and confusing for all parties involved. The most important aspect of deciding which parent can retain custody is determining what is in that child's best interests. If you want to protect your parental rights or need legal advice for your child custody case, get in touch with a Kentucky family law attorney today.

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