Child Custody Laws in Northern Kentucky

lawyer meeting with divorced couple with children

When families go through separation or divorce, few issues are as emotionally charged as child custody. In Northern Kentucky, custody decisions are guided by laws intended to serve the child’s best interests. Whether you’re considering filing for custody, modifying an existing order, or simply trying to understand your rights, it is important to know how Kentucky law works—and what to expect.

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Understanding the Basics: Legal vs. Physical Custody

Kentucky law categorizes custody into two types: legal custody and physical custody.

  • Legal custody entails the authority to make significant decisions for the child, including matters related to education, healthcare, and religious upbringing.
  • Physical custody involves where the child resides and who is responsible for their daily care.

Parents can either share joint custody, or one may receive sole custody, based on the court’s judgment of what is best for the child.

Presumption of Joint Custody

Due to a 2018 amendment in Kentucky law, there is now a presumption of joint custody and equal parenting time (KRS § 403.340). This indicates that the court typically believes it’s in the child’s best interest to maintain regular, meaningful contact with both parents unless contrary evidence is presented.

However, this is a rebuttable presumption. If there is evidence of domestic violence, abuse, neglect, or a history of substance abuse, the court can depart from joint custody and limit or deny parenting time for one party.

Best Interest of the Child Standard

Even with the presumption of joint custody, Kentucky courts will prioritize the child’s well-being. This means that judges will consider several factors outlined in KRS § 403.270 to determine what is in the child’s best interest, including:

  • The child’s relationship with each parent
  • The wishes of the child, depending on their age and maturity
  • The child’s adjustment to home, school, and community
  • The mental and physical health of all parties involved
  • Each parent’s ability to co-parent and foster a positive relationship with the other

Parenting Plans and Court Orders

When a custody case is initiated, either one or both parents must present a parenting plan. This plan details the sharing of legal and physical custody, the division of holidays, and the resolution of disputes.

If the parents reach an agreement, the court typically approves the plan. If they cannot agree, the court will create a plan grounded in testimony, evidence, and the child’s best interests.

Enforcing Custody Orders

If one parent violates the custody arrangement—such as by withholding visitation or relocating the child without permission—the other parent can file a motion for enforcement. Courts can impose penalties, adjust custody terms, or, in extreme cases, hold the violating parent in contempt.

Modifying a Custody Order

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Life changes and courts in Kentucky recognize this. That is why if circumstances significantly change after two years, custody orders can be changed in the child’s best interest. Courts may also review modifications earlier in urgent situations, such as abuse or endangerment.

Examples of qualifying changes include:

  • A parent relocating out of state
  • One parent’s consistent failure to follow the parenting plan
  • Changes in the child’s needs or health

Why Legal Guidance Matters

Custody cases are deeply personal and legally complex. The decisions made can impact your child’s life and your role as a parent for years to come. That’s why working with a knowledgeable Northern Kentucky family law attorney is so important.

At Hoffman Walker & Knauf, we help families across Northern Kentucky navigate child custody disputes with compassion, clarity, and strong legal advocacy. Whether you’re seeking a fair agreement or need to fight for your child’s safety and well-being, we’re here to help.

Contact Us Today To Learn More 

If you’re facing a custody issue in Boone, Kenton, Campbell, or surrounding counties, contact Hoffman Walker & Knauf today to schedule a consultation. Let us help you protect what matters most.