Unlike other states, Kentucky has no presumption of a child going to either parent in the event of a divorce. Rather, Kentucky uses a “best interest of the child” standard when determining legal custody of children. The presumption in Kentucky courts is that parents who are separated will exercise joint legal and physical custody of their children. In the event this presumption is overcome and an alternative custody decision must be made, the Court will turn to KRS 403.270 to consider factors that are in the “best interest of the child.” A few of the factors identified include the wishes of the parents or custodians, the mental and physical health of the parties, and the motivations of the adults participating in the proceedings.

If you need an advocate in a divorce proceeding regarding child custody issues, we welcome your call at (859) 219-1280.