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Under Kentucky law, the judge is generally supposed to assume that joint custody and equally shared parenting time are in the best interest of a child. However, the judge will not make that assumption if there is a domestic violence order that has been entered:
- between the parties; or
- against one party on behalf of the child at issue in the custody hearing.1
Whether or not there is a domestic violence order, the judge must consider any determination (finding) that domestic violence and abuse have been committed by the other parent against you or against a child you share. The judge would want to know how much the domestic violence and abuse have affected your child and his/her relationship to both of you. However, the judge will also consider any efforts the abuser has made towards completing any domestic violence treatment, counseling, or program.2
It’s usually best to have a lawyer represent you in a custody case, especially one involving domestic violence issues. For legal organizations, see our Kentucky Finding a Lawyer page.
1 Ky. Rev. Stat. § 403.315
2 Ky. Rev. Stat. § 403.270(2)
Can a parent who committed violence get visitation?
The law says that a parent who is not granted custody is entitled to reasonable visitation rights. But in a case involving domestic violence, the judge has to decide if visits would seriously endanger the child’s physical, mental, moral, or emotional health.1 If the judge believes there should be visitation, s/he should make a visitation arrangement that would not seriously endanger your or your child’s physical, mental, or emotional health.2
If either parent requests it, the judge’s order will specifically explain the following things:
- how often the visits should be;
- how long the visits should last;
- when the visits should take place;
- any conditions for the visits; and
- a method of scheduling visitation.1
The order should also reflect the development and age of the child.1
1 Ky. Rev. Stat. § 403.320(1)
2 Ky. Rev. Stat. § 403.320(2)
If my child was conceived from sexual assault, can the offender get custody or visitation?
If the offender was convicted of a felony offense related to rape/sexual assault that caused you to get pregnant, he cannot get custody. The offender can only get visitation rights if:
- you are age 18 or older; and
- you specifically ask the judge to allow visits.1
In addition, the offender will be ordered to pay child support unless you tell the court that you don’t want it. However, you can only give up (waive) child support if you are 18 or older. If you’re a minor, only your guardian or a de facto custodian of the child can waive child support.1
The offender also won’t have the right to inherit any money with respect to the child.2
1 Ky. Rev. Stat. §§ 405.028; 403.322
2 Ky. Rev. Stat. § 403.322(2)
If there is a custody order in place, can I relocate?
The relocation process depends on whether the parent who wants to move has sole or joint custody.
If there is an order of joint custody and either parent wants to relocate, s/he has to file a written notice of relocation with the court and have the other parent served. If the parents can come to an agreement about how to divide their time with the child, they can make a written agreement to modify the time-sharing and file an “agreed order” with the court. If they can’t agree, either parent can file a motion for a change of custody or time-sharing. No matter which parent files, the motion must be filed within 20 days of the date the notice of relocation was served.1
If there is an order of sole custody and the sole custodian wants to relocate, s/he has to file a written notice of relocation with the court and have the other parent served. If the court-ordered visitation would be affected by the move, the non-custodial parent can file a motion objecting to the change in visitation. S/he must file the motion within 20 days of the date s/he was served with the notice.2
1 Kentucky FCRPP 7(2)(a)
2 Kentucky FCRPP 7(2)(b)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section on our general Custody page.
Keep in mind that parents often need to get permission from the court or from the other parent to move their children out of state. Please go to If there is a custody order in place, can I relocate? for more information, and talk to a lawyer before you go. It’s important to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
Where can I find more information about custody in Kentucky?
Legal Aid Network of Kentucky provides general information about custody issues in Kentucky, including what happens if both parents agree on parenting time, information on moving with a child, and more.
The Kentucky Bar Foundation has prepared a Pro Se Child Custody/ Parenting Time Instruction Packet and Forms to help parents file for custody on their own and represent themselves in court. It’s important to note that parents who represent themselves in court will be held to the same standards that lawyers are, and will have to follow the same rules. If you have any questions or concerns about representing yourself, please contact a lawyer before filing.
Please note that WomensLaw.org is not affiliated with either of the organizations listed above and cannot vouch for the information contained on their sites.
