{"data":{"id":"us-ky/krs-403.270","jurisdiction":"us-ky","citation":"KRS 403.270","heading":"Custodial issues -- Best interests of child to be determining factor --","body":"Rebuttable presumption that joint custody and equally shared parenting time\nis in child's best interests -- De facto custodian.\n(1) (a) As used in this chapter and KRS 405.020, unless the context requires\notherwise, \"de facto custodian\" means a person who has been shown by clear\nand convincing evidence to have been the primary caregiver for, and financial\nsupporter of, a child who within the last two (2) years has re sided with the\nperson for an aggregate period of six (6) months or more if the child is under\nthree (3) years of age and for an aggregate period of one (1) year or more if\nthe child is three (3) years of age or older or has been placed by the\nDepartment for Community Based Services. Any period of time after a legal\nproceeding has been commenced by a parent seeking to regain custody of the\nchild shall not be included in determining whether the child has resided with\nthe person for the required minimum period.\n(b) A person shall not be a de facto custodian until a court determines by clear\nand convincing evidence that the person meets the definition of de facto\ncustodian established in paragraph (a) of this subsection. Once a court\ndetermines that a person mee ts the definition of de facto custodian, the court\nshall give the person the same standing in custody matters that is given to\neach parent under this section and KRS 403.280, 403.340, 403.350, 403.822,\nand 405.020.\n(2) The court shall determine custody in accordance with the best interests of the child\nand equal consideration shall be given to each parent and to any de facto custodian.\nSubject to KRS 403.315, there shall be a presumption, rebuttable by a\npreponderance of evidence, that joint custody and equ ally shared parenting time is\nin the best interests of the child. If a deviation from equal parenting time is\nwarranted, the court shall construct a parenting time schedule which maximizes the\ntime each parent or de facto custodian has with the child and i s consistent with\nensuring the child's welfare.\n(3) In making a determination of custody, the court shall, prior to consideration of any\nother factors enumerated in subsection (4) of this section:\n(a) Consider any allegations of:\n1. Domestic violence and abuse as defined in KRS 403.720; or\n2. An abused or neglected child as defined in KRS 600.020;\ncommitted by one (1) party against another party or a child of the parties; and\n(b) Make written findings on the record as to the impact, if any, of the allegations\ndescribed in paragraph (a) of this subsection on the child.\n(4) After making the consideration required in subsection (3) of this section, the court\nshall consider all other factors relevant to the determination of custody including:\n(a) The wishes of the child's parent or parents, and any de facto custodian, as to\nhis or her custody;\n(b) The wishes of the child as to his or her custodian, with due consideration\ngiven to the influence a parent or de facto custodian may have over the child's\nwishes;\n(c) The interaction and interrelationship of the child with his or her parent or\nparents, his or her siblings, and any other person who may significantly affect\nthe child's best interests;\n(d) The motivation of the adults participating in the custody proceeding;\n(e) The child's adjustment and continuing proximity to his or her home, school,\nand community;\n(f) The mental and physical health of all individuals involved;\n(g) A finding by the court that domestic violence and abuse, as defined in KRS\n403.720, has been committed by one (1) of the parties against a child of the\nparties or against another party. The court shall determine the extent to which\nthe domestic violence and abuse has a ffected the child and the child's\nrelationship to each party, with due consideration given to efforts made by a\nparty toward the completion of any domestic violence treatment, counseling,\nor program;\n(h) A finding by the court that a party has maliciously made an intentionally false\nallegation of child abuse which has no basis in fact and which the party knew\nhad no basis in fact against another party;\n(i) The extent to which the child has been cared for, nurtured, and supported by\nany de facto custodian;\n(j) The intent of the parent or parents in placing the child with a de facto\ncustodian;\n(k) The circumstances under which the child was placed or allowed to remain in\nthe custody of a de facto custodian, including whether the parent now seeking\ncustody was previously prevented from doing so as a result of domestic\nviolence as defined in KRS 403.720 and whether the child was placed with a\nde facto custodian to allow the parent now seeking custody to seek\nemployment, work, or attend school; and\n(l) The likelih ood a party will allow the child frequent, meaningful, and\ncontinuing contact with the other parent or de facto custodian, except that the\ncourt shall not consider this likelihood if there is a finding that the other\nparent or de facto custodian engaged in  domestic violence and abuse, as\ndefined in KRS 403.720, against the party or a child and that a continuing\nrelationship with the other parent will endanger the health or safety of either\nthat party or the child.\n(5) The abandonment of the family residence  by a custodial party shall not be\nconsidered where that party was physically harmed or was seriously threatened with\nphysical harm by his or her spouse, when the harm or threat of harm was causally\nrelated to the abandonment.\n(6) If the court grants custody to a de facto custodian, the de facto custodian shall have\nlegal custody under the laws of the Commonwealth.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57567","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"f05f8ef6c7c36e0eb60e95d06501e56f4b2f97de0adada265ec27dd133fbf9a6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.260","next":"us-ky/krs-403.280"},"notice":"GroundRules: Original legal text. Not legal advice."}