The Kentucky Revised Statutes contain the laws concerning child custody. This is important information for a parent to know when making a Kentucky custody agreement or Kentucky parenting plan.
The best interest of the child. The court makes all decisions in the best interest of the child. Parents should hold to this standard and also strive to make all custody arrangements with the child’s welfare in mind. A Kentucky custody schedule should be made to fulfill a child’s needs and provide for the child. Here are the factors that a court considers when determining what is best for the children. Mothers and fathers also need to think about these.
- The wishes of the child’s parent or parents, and any de facto custodian, as to his custody.
- The wishes of the child as to his custodian.
- The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests.
- The child’s adjustment to his 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, nurtured, and supported by any de facto custodian.
- The intent of the parent or parents in placing the child with a de facto custodian.
- The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.
De facto custodian. As seen above, Kentucky considers a de facto custodian as an important figure in the child’s life. A defacto custodian is someone who has physically cared for and provided financially for the child. If the child is under three years old, the custodian must have lived with and taken care of the child for six months. If the child is over three years old, the custodian must have cared for the child for one year. The presence of a de facto guardian adds another layer to a Kentucky visitation schedule.
Joint custody. Joint custody is an option in Kentucky. The court doesn’t necessarily have a preference for it, but the court will award it if it is in the best interest of the child. Generally, it is best if the parents can work out some kind of joint custody arrangement.