{"data":{"id":"us-ky/krs-403.280","jurisdiction":"us-ky","citation":"KRS 403.280","heading":"Temporary custody orders.","body":"(1) A party to a custody proceeding may move for a temporary custody order. The\nmotion must be supported by an affidavit as provided in KRS 403.350. The court\nmay award temporary custody under the standards of KRS 403.270 after a hearing,\nor, if there is no objection, solely on the basis of the affidavits. If the parents or a de\nfacto custodian joined under subsection (9) of this section present a temporary\ncustody agreement and mutually agreed plan for parenting time, and the court\nconfirms that the agreement adequately provides for the welfare of the child, the\nagreement shall become the temporary custody order of the court.\n(2) Subject to KRS 403.315, in making an order for temporary custody, there shall be a\npresumption, rebuttable by preponderance of eviden ce, that it is in the best interest\nof the child for the parents or a de facto custodian joined under subsection (9) of\nthis section to have temporary joint custody and share equally in parenting time.\n(3) If a deviation from equal parenting time is warran ted, the court shall construct a\nparenting time schedule which maximizes the time each parent or de facto custodian\njoined under subsection (9) of this section has with the child and is consistent with\nensuring the child's welfare.\n(4) Each temporary custody order shall include specific findings of fact and conclusions\nof law, except when the court confirms the agreement of the parties.\n(5) Any temporary custody order shall address the circumstance in which physical\npossession of the child will be exchanged.\n(6) Modification of a temporary custody order may be sought when there is a material\nand substantial change in the circumstances of the parents, de facto custodian, or\nchild.\n(7) If a proceeding for dissolution of marriage or legal separation is dismisse d, any\ntemporary custody order is vacated unless a parent or the child's custodian moves\nthat the proceeding continue as a custody proceeding and the court finds, after a\nhearing, that the circumstances of the parents and the best interests of the child\nrequire that a custody decree be issued.\n(8) If a custody proceeding commenced in the absence of a petition for dissolution of\nmarriage or legal separation under KRS 403.822(1)(a) or (b) is dismissed, any\ntemporary custody order is vacated.\n(9) If a court de termines by clear and convincing evidence that a person is a de facto\ncustodian, the court shall join that person in the action, as a party needed for just\nadjudication under Rule 19 of the Kentucky Rules of Civil Procedure.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51200","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"8d1589253b2f9b890e835077f90fea77a4c8a3c368b008a6eeeeb7f18a5e4e1b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.270","next":"us-ky/krs-403.290"},"notice":"GroundRules: Original legal text. Not legal advice."}