*New Updates to the Kentucky Law as of 2018. A new rebuttable presumption that joint custody and equal parenting time is in the best interest of the child. The presumption may be rebutted by a preponderance of the evidence. Exception to the presumption is set out in KRS 403.315. Presumption shall not apply if a domestic violence order has been or will be entered against the other party.
CHILD CUSTODY ARRANGEMENTS GENERALLY
Child custody can be sole, joint or split.
Sole Custody – The best interest of the child standard is applied to determine if giving sole custody to one parent is in the best interest of the child. Sole custody gives one parent all the power and decision making authority concerning the child. The other parent has no legal say. However, in a sole custody situation, the other parent may still get visitation rights.
Joint Custody– Joint custody is favored in Kentucky and gives both parents equal legal rights and decision- making authority concerning their children. In a joint custody situation one parent will be the custodial parent with whom the child will reside, and the other parent will have visitation.
Split Custody– In a split custody arrangement, both parents split equal time with the children.
Primary Residence– The child’s primary residence is where the child resides with his or her custodial parent.