{"data":{"id":"us-ky/krs-403.315","jurisdiction":"us-ky","citation":"KRS 403.315","heading":"Presumptions regarding joint custody and equally shared parenting time","body":"in cases involving domestic violence and abuse.\n(1) When determining or modifying a custody order pursuant to KRS 403.270,\n403.280, 403.340, or 403.740, the court shall consider the safety and well -being of\nthe parties and of the children. If a domestic violence order is being or has been\nentered against a party by another party or on behalf of a child at issue in the\ncustody hearing, the presumption that joint custody an d equally shared parenting\ntime is in the best interests of the child shall not apply as to the party against whom\nthe domestic violence order is being or has been entered. The court shall weigh all\nfactors set out in KRS 403.270 in determining the best interests of the child.\n(2) There shall be a presumption, rebuttable by a preponderance of the evidence, that\njoint custody and equally shared parenting time is not in the best interests of the\nchild if the court finds that a party has committed two (2) or m ore acts of domestic\nviolence and abuse as defined in KRS 403.270 against another party.\n(3) (a) The court shall not make an award of custody or grant unsupervised visitation\nwith the child to a party who is found to have committed two (2) or more acts\nof domestic violence and abuse as defined in KRS 403.720 against another\nparty unless that party has:\n1. Completed:\na. A batterer's intervention program provided by a certified provider\npursuant to 920 KAR 5:020;\nb. Parenting classes; and\nc. Substance use and  mental health assessments and any\nrecommended corresponding treatments; and\n2. Participated in supervised visitation.\n(b) Following a party's completion of the requirements in paragraph (a) of this\nsubsection, the court shall conduct an evidentiary hearing before ordering\nunsupervised visitation to that party and a second or subsequent hearing\nbefore awarding custodial rights to that party.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57568","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"370877cd2f240f0fdbb5ce3c54378c6cf7010ab168cebc38fe63cda9d0f67fcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.310","next":"us-ky/krs-403.317"},"notice":"GroundRules: Original legal text. Not legal advice."}