Child Custody in Kentucky (2026)

The Equal Parenting Time Presumption: Kentucky Led the Nation

In 2018, Kentucky made history by becoming the first state in the nation to establish a statutory presumption of both joint custody and equal parenting time. Under KRS 403.270, the court begins every custody case with the presumption that joint custody and equally shared parenting time is in the child’s best interest. A parent seeking a different arrangement — whether sole custody or an unequal time split — bears the burden of proving why equal time would not serve the child well.

This presumption marked a fundamental shift in how Kentucky courts approach custody. Before 2018, courts had broad discretion to craft any arrangement they deemed appropriate. Now, the equal-time starting point means that Kentucky custody cases are structured around the question of whether there is a reason to deviate from 50/50, rather than whether 50/50 should be awarded in the first place.

The presumption applies to both legal and physical custody. It can be overcome by evidence that joint custody would not serve the child’s best interests — for example, in cases involving domestic violence, substance abuse, or a parent’s demonstrated inability to cooperate. But the burden falls on the parent opposing equal time, not on the parent requesting it.

How the 2018 Law Changed Kentucky Custody Practice

The practical effects of Kentucky’s equal parenting time presumption (HB 528) have been significant:

• Default schedules have shifted. Before 2018, a typical Kentucky custody order might have awarded one parent primary custody with every-other-weekend visitation for the other parent. Post-2018, courts more frequently enter orders reflecting alternating-week schedules, 2-2-3 rotations, or other approximately equal time-sharing arrangements.
• Negotiating dynamics changed. The presumption altered the bargaining position of each parent. A parent seeking primary custody must now present evidence justifying a departure from equal time, rather than simply arguing for “stability” or “status quo.”
• Mediation outcomes reflect equal time. Kentucky’s mandatory mediation in custody disputes now takes place against the backdrop of the equal-time presumption, which influences the range of agreements mediators help parents reach.

Best Interest Factors

Under KRS 403.270, the court evaluates several factors when determining the child’s best interest:

• The wishes of the child’s parents regarding custody
• The wishes of the child, with appropriate weight given to the child’s age and maturity
• The interaction and interrelationship of the child with parents, siblings, and other significant persons
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Information, records, and evidence of domestic violence
• The extent to which the child has been cared for by a de facto custodian
• The intent of the parents in placing the child with a de facto custodian

For a comprehensive overview of how courts across the country evaluate these factors, see our guide on how child custody is determined. For a deeper look at Kentucky’s specific factors, see our article on Kentucky custody best interest factors.

Types of Custody in Kentucky

Kentucky recognizes two dimensions of custody:

• Legal custody refers to decision-making authority over major issues such as education, health care, and religious upbringing. Joint legal custody means both parents share this authority.
• Physical custody refers to where the child lives and the day-to-day parenting schedule. Joint physical custody means the child spends substantial time with both parents.

Under the 2018 presumption, Kentucky courts begin with the assumption that both parents should share legal and physical custody equally.

Child’s Preference

Kentucky does not set a specific statutory age at which a child may choose which parent to live with. The court may consider the child’s wishes, giving appropriate weight to the child’s maturity and reasoning. In practice, the preferences of older teenagers tend to carry more weight, but the child’s stated preference is never the sole determining factor. The court retains full discretion to order the arrangement it believes best serves the child’s welfare.

Mandatory Mediation

Kentucky law requires mandatory mediation in custody disputes. Under KRS 403.036, when the parties cannot agree on custody or visitation, the court must refer the matter to mediation before proceeding to a hearing. Mediation gives parents the opportunity to craft a parenting arrangement collaboratively, which often results in more durable agreements and reduced conflict.

The cost of mediation is typically split between the parties, though courts may adjust the allocation based on each party’s financial circumstances. Mediation is not required when there is evidence of domestic violence or abuse.

De Facto Custodian Rights

Kentucky has a distinctive legal concept known as the de facto custodian. Under KRS 403.270, a person who has been the primary caregiver for a child — and has served in that role for a specified period — may be treated as a de facto custodian with standing to seek custody. The required time periods are:

• Six months or more for a child under three years old
• One year or more for a child three years or older

A de facto custodian has the same standing as a parent in a custody proceeding. This provision is significant for grandparents, other relatives, or family friends who have taken on a primary caregiving role and want to formalize their relationship with the child through the court system.

Relocation Rules

A custodial parent who wishes to relocate with the child must provide written notice to the non-custodial parent and may need to obtain court approval if the move would materially affect the existing custody or visitation arrangement. The court evaluates whether the relocation is in the child’s best interest, considering the reasons for the move, the impact on the child’s relationship with the non-relocating parent, and whether a modified parenting schedule can preserve meaningful contact.

Relocating without proper notice or court approval can result in contempt proceedings and may negatively affect the relocating parent’s position in any subsequent custody modification.

Modification of Custody Orders

Either parent may seek a modification of an existing custody order by demonstrating a change in circumstances that is substantial enough to warrant a new arrangement. Under KRS 403.340, the court will modify custody only if it finds that:

1. The modification is in the child’s best interest, and
2. The child’s present environment endangers their physical, mental, or emotional health, or the custodial parent has agreed to the modification.

Kentucky law generally disfavors frequent modifications to promote stability in the child’s life. Courts will not modify custody within two years of the original order unless the child’s present environment poses a serious risk.

Grandparent Visitation

Under KRS 405.021, grandparents may petition the court for reasonable visitation rights. The court will grant visitation if it determines that doing so is in the child’s best interest. Factors considered include the nature of the grandparent-child relationship, the potential harm of denying visitation, and the wishes of the custodial parent. Grandparent visitation rights are limited when both parents are in agreement about restricting contact, given the constitutional protections afforded to parental decision-making.

Steps Parents Can Take

Parents facing a custody matter in Kentucky should understand that the state’s equal-time presumption significantly shapes the starting point of any case. Documenting involvement in the child’s daily life, maintaining a cooperative attitude toward the other parent, and being prepared for mandatory mediation are all important steps. For guidance specific to your situation, consider requesting a free consultation with a Kentucky family law attorney.

Frequently Asked Questions

Does Kentucky presume equal custody and parenting time?

Yes. In 2018, Kentucky became the first state to establish a statutory presumption of joint custody and equal parenting time under KRS 403.270. The court starts from the presumption that joint custody with equally shared parenting time is in the child’s best interest. A parent seeking a different arrangement bears the burden of proving why equal time would not serve the child.

Is mediation required in Kentucky custody cases?

Yes. Under KRS 403.036, Kentucky requires mandatory mediation when the parties cannot agree on custody or visitation. Mediation gives parents the opportunity to craft a parenting arrangement collaboratively. The cost is typically split between the parties. Mediation is not required when there is evidence of domestic violence or abuse.

Can custody be modified within two years in Kentucky?

Generally not. Kentucky law disfavors frequent modifications to promote stability. Courts will not modify custody within two years of the original order unless the child’s present environment poses a serious risk to their physical, mental, or emotional health. After two years, the standard is a substantial change in circumstances under KRS 403.340.

Can grandparents petition for visitation in Kentucky?

Yes. Under KRS 405.021, grandparents may petition for reasonable visitation. The court considers the nature of the grandparent-child relationship, potential harm of denying visitation, and the custodial parent’s wishes. Rights are more limited when both parents agree to restrict contact, given constitutional protections for parental decision-making.

What is a de facto custodian in Kentucky?

A de facto custodian is a person who has been the primary caregiver for a child for six months or more (if the child is under three) or one year or more (if the child is three or older). Under KRS 403.270, a de facto custodian has the same standing as a parent in a custody proceeding and can petition for custody.

How did the 2018 law change Kentucky custody cases?

Before 2018, Kentucky courts had broad discretion and often awarded one parent primary custody with limited visitation for the other. The 2018 presumption (HB 528) shifted the default to equal time, changed negotiating dynamics by placing the burden on the parent opposing equal time, and influenced mediation outcomes statewide.

How This Guide Was Researched

This guide was developed by reviewing KRS Chapter 403 (dissolution of marriage and custody), with particular attention to KRS 403.270 (custody presumption and best interests factors), KRS 403.036 (mandatory mediation), KRS 403.340 (modification), and KRS 405.021 (grandparent visitation). The analysis of Kentucky’s 2018 equal parenting time legislation draws on HB 528, Kentucky Court of Justice family court resources, Kentucky Legal Aid self-help materials, and Kentucky Bar Association family law section publications.

Sources and Legal References

This guide draws on the following specific legal authorities and resources:

• KRS 403.270 — Best interests factors and statutory presumption of joint custody and equal parenting time (as amended by HB 528, 2018)
• KRS 403.036 — Mandatory mediation in custody disputes
• KRS 403.340 — Modification of custody orders (two-year restriction and endangerment standard)
• KRS 405.021 — Grandparent visitation rights
• KRS Chapter 403 — Full dissolution of marriage and custody framework
• HB 528 (2018) — Kentucky’s equal parenting time presumption legislation

Official Kentucky Resources

• Kentucky Court of Justice — Family Court
• Kentucky Legal Self-Help
• Kentucky Legal Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Kentucky custody best interest factors
• Child support and alimony in Kentucky
• Divorce in Kentucky
• 50/50 custody
• Fathers’ rights in custody
• Custody mediation
• Grandparent custody and visitation rights
• Types of child custody