Reviewed August 2026
Child Custody in Kentucky
Kentucky was the first state to write a presumption of joint custody and equal parenting time directly into its custody statute. KRS § 403.270, as amended by Kentucky's 2018 shared parenting law, sets a rebuttable presumption: joint custody and equally shared parenting time serve a child's best interest. A parent who asks for sole custody or an unequal schedule generally must present evidence to overcome that presumption. A custody case is filed in Circuit Court. The Family Court division hears it in counties that have one, and the judge applies the best-interest factors in KRS § 403.270. Kentucky law separates legal custody, the authority to make decisions about a child's upbringing, from timesharing, Kentucky's term for the physical schedule of when the child is with each parent. Many Kentucky circuits require parents in a case involving minor children to complete an approved parent education program before a final decree. An existing custody order can change later. But Kentucky applies a stricter standard to modifications requested within two years of the prior decree than to ones requested afterward.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child custody works under Kentucky law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Kentucky paperwork. See how Virdix works for California divorces.
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The shared parenting presumption and best-interest factors
KRS § 403.270 states the core rule. In the initial custody determination, there is a rebuttable presumption that joint custody and equally shared parenting time serve the child's best interest. A court can order a different arrangement based on the case's specific facts, including a documented history of domestic violence. The statute also lists factors the court weighs alongside that presumption. These factors include the wishes of the child's parents and the child, and the child's interaction with parents, siblings, and other significant people. They also include the child's adjustment to home, school, and community, and the mental and physical health of everyone involved. Any evidence of domestic violence or abuse counts too. The statute directs the court to weigh that evidence heavily, and it can defeat the shared-parenting presumption entirely.
Where and how a custody case starts
Custody actions are filed in Kentucky Circuit Court. Many Kentucky counties have adopted a Family Court division, covering the large majority of the state's population. In those counties, family law matters, including custody, are heard there instead of on the general circuit docket. Custody tied to a divorce is raised inside the petition for dissolution of marriage. Unmarried parents establish custody and timesharing once paternity is established. Kentucky's court system publishes statewide self-help resources through its Legal Help Self-Help Portal. The Administrative Office of the Courts also maintains standardized family law forms used across the state's Family Court divisions.
Parent education and mediation
A number of Kentucky Family Court divisions require parents in a case involving minor children to complete a locally approved parent education program. This is often called a co-parenting or 'Focus on Children'-style class. It must be completed before a final custody or divorce decree can be entered. The specific requirement and program name is set at the circuit level, though, rather than through one single uniform statewide statute. Kentucky Family Courts commonly refer contested custody or timesharing disputes to mediation, to help parents reach an agreement before a contested hearing. Many circuits maintain lists of approved family mediators for that purpose.
Changing a custody order later
KRS § 403.340 governs modification of an existing Kentucky custody order. It applies a stricter standard to a modification motion filed within two years of the prior custody decree. The court generally will not hear a motion to change custody that soon after the last decree. One exception applies: the parties agree, or evidence shows the child's present environment endangers the child's physical, mental, moral, or emotional health. After that two-year window, a party must show two things. First, a change has occurred in the circumstances of the child or custodian. Second, modification is necessary to serve the best interest of the child. This reapplies the KRS § 403.270 factors and shared-parenting presumption to the family's current situation. A modification motion is filed in the same Circuit or Family Court case that produced the original order.
Sources: Kentucky Legislature - Kentucky Revised Statutes search (KRS 403.270, 403.340), Kentucky Court of Justice - homepage, Kentucky Court of Justice - Family Court
Not independently confirmed
- A direct deep link to the current text of KRS 403.270 and 403.340 on the Kentucky Legislature's statute database is not published online with a stable URL pass; the section numbers reflect Kentucky's 2018 shared-parenting law and established custody statute and should be cross-checked against the current KRS database.
- Which specific Family Court divisions mandate a parent education class or mediation, versus offering them, was not confirmed circuit by circuit.
Child Custody in Kentucky: frequently asked questions
Does Kentucky presume equal parenting time?+
Yes. KRS § 403.270 creates a rebuttable presumption that joint custody and equally shared parenting time is in a child's best interest in the initial custody determination. Kentucky was the first state to write this presumption directly into its statute, in a 2018 law. A court can still order a different arrangement based on the case's facts, including domestic violence.
What is the difference between custody and timesharing in Kentucky?+
Custody refers to legal custody, the authority to make major decisions about the child's upbringing. Timesharing is Kentucky's term for the physical schedule of when the child is with each parent. Kentucky courts can order joint or sole legal custody. Timesharing is decided separately, though the statute presumes both should be shared equally as a starting point.
Where do I file for custody in Kentucky?+
In Circuit Court, or the Family Court division in counties that have one, which covers most of the state's population. It is raised inside a dissolution of marriage petition for married parents, or as a standalone action for unmarried parents once paternity is established.
Do Kentucky parents have to take a class?+
Many Kentucky Family Court divisions require a locally approved parent education program before a final custody or divorce decree in a case involving minor children. The specific requirement is set at the circuit level, though, rather than by one uniform statewide statute. Check the filing circuit's local rules.
Is mediation required in a Kentucky custody case?+
Kentucky Family Courts commonly refer contested custody or timesharing disputes to mediation before a hearing. Many circuits maintain approved family mediator lists for that purpose. This is applied at the circuit level, though, rather than through one uniform statewide mandate.
How do I change a Kentucky custody order?+
File a modification motion in the same Circuit or Family Court case. KRS § 403.340 generally bars modification within two years of the prior decree absent agreement or evidence the child's environment endangers their health. After two years, the parent must show a change in circumstances and that modification serves the child's best interest.
This page is general information about child custody in Kentucky, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Kentucky's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Kentucky. Virdix does not prepare or file Kentucky divorce paperwork. It is not a substitute for an attorney licensed in Kentucky.
More Kentucky divorce guides
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