Shared vs. Sole Custody in Kentucky

Divorced couple is consulting with lawyer

One of the hardest parts in the process of separation or divorce is when the parents decide how to share parenting responsibilities. 

Kentucky law always emphasizes the best interests of the child. Often, there is the legal presumption which favors joint (shared) custody, as well as equal parenting time. 

For parents to make an informed decision which best protects their children’s wellbeing, they must understand how the law defines shared vs. sole custody in Kentucky. Read on to find out more on the topic, and to learn why having legal guidance in this matter is essential. 

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Understanding Custody Under Kentucky Law

“Custody” in Kentucky doesn’t just refer to where a child lives. It also refers to legal decision-making authority over important matters, such as education, medical care, religious upbringing, and extracurricular activities. 

There are two main types of custody:

  • Joint (Shared) Custody: In this case, both parents have equal say in major decisions. 
  • Sole Custody: Here, only one parent is legally authorized to make those important decisions. 

Physical custody, or parenting time, will determine how much time the child will spend with each parent. This can be shared, even in cases where legal custody isn’t. 

Kentucky’s Presumption of Joint Custody

In 2018, Kentucky established a legal presumption per which joint custody and equal parenting time are in the child’s best interests – this made Kentucky unique among states. 

This is outlined in KRS §403.270(2), according to which courts will start from that assumption (that shared custody is in the child’s benefit), unless evidence proves otherwise. Courts will typically favor arrangements where both parents:

  • Share legal decision-making.
  • Have approximately equal parenting time. 
  • Cooperate and work together to support the child’s needs. 

However, the presumption can be rebutted. This happens in cases where one parent shows that joint custody will harm the child, for example if there is domestic violence, neglect, or substance abuse. 

What Sole Custody Means in Kentucky 

When a parent has sole custody, they have the exclusive right to make all major decisions for the child. Sole custody is awarded to one parent in cases where the courts see joint custody is not in the child’s best interests. Examples of that include:

  • A history of abuse or domestic violence (KRS §403.315).
  • High conflict between the parents, meaning they cannot effectively communicate. 
  • If one parent is absent, incarcerated, or the court sees them as unfit to take part in parenting decisions. 

Even if sole custody is awarded to one parent, the noncustodial parent could still receive parenting time in the form of visitation, unless the court determines that this would be harmful to the child. 

How Courts Decide Custody Arrangements

Under KRS §403.270(2), courts in Kentucky will award custody based on the child’s best interests. The factors judges will consider are:

  • Each parent’s relationship with the child.
  • How the child adjusts to home, school, and community. 
  • The physical and mental health of everybody involved. 
  • How each parent cooperates, as well as how willing they are to encourage the child to have a relationship with the other.
  • If there is a history of neglect or abuse. 
  • Depending on age and maturity, the court will consider the child’s wishes. 

Courts tend to encourage parenting plans which minimize conflict and best support the stability and continuity of care for the child. 

Shared Custody Arrangements in Practice

parent holds the hand of a small child

In practice, a shared custody arrangement means that parents will alternate weeks or come up with another balanced schedule. Both parents must equally participate in major aspects of the child’s upbringing, such as medical care, school meetings, and important life choices. 

It’s important that in a shared custody arrangement, parents communicate regularly and respectfully about the child’s needs. These arrangements often work best when both parents live nearby and maintain stable homes. 

In cases where one parent relocates, or circumstances change significantly, the court may modify the custody order. 

Why Legal Guidance Matters

Facing a custody dispute is a challenging task to navigate alone. This is where an experienced family law attorney can help you protect your child’s best interests. 

If you are separating or divorcing and you want to understand your rights in a custody battle, contact Hoffman Walker & Knauf today. We will explain your rights to you whilst working with you to create a parenting plan that ensures your child receives the support and stability they deserve.