Custody

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)