KRS 403.315: Presumptions regarding joint custody and equally shared parenting time

in cases involving domestic violence and abuse.

(1) When determining or modifying a custody order pursuant to KRS 403.270,

403.280, 403.340, or 403.740, the court shall consider the safety and well -being of

the parties and of the children. If a domestic violence order is being or has been

entered against a party by another party or on behalf of a child at issue in the

custody hearing, the presumption that joint custody an d equally shared parenting

time is in the best interests of the child shall not apply as to the party against whom

the domestic violence order is being or has been entered. The court shall weigh all

factors set out in KRS 403.270 in determining the best interests of the child.

(2) There shall be a presumption, rebuttable by a preponderance of the evidence, that

joint custody and equally shared parenting time is not in the best interests of the

child if the court finds that a party has committed two (2) or m ore acts of domestic

violence and abuse as defined in KRS 403.270 against another party.

(3) (a) The court shall not make an award of custody or grant unsupervised visitation

with the child to a party who is found to have committed two (2) or more acts

of domestic violence and abuse as defined in KRS 403.720 against another

party unless that party has:

1. Completed:

a. A batterer's intervention program provided by a certified provider

pursuant to 920 KAR 5:020;

b. Parenting classes; and

c. Substance use and mental health assessments and any

recommended corresponding treatments; and

2. Participated in supervised visitation.

(b) Following a party's completion of the requirements in paragraph (a) of this

subsection, the court shall conduct an evidentiary hearing before ordering

unsupervised visitation to that party and a second or subsequent hearing

before awarding custodial rights to that party.