Custody

A judge will decide custody based on what s/he believes is in the best interest of the child. To figure out what’s best for the child, the judge considers many factors, including:

• what the parents and any de facto custodian want the arrangement to be;
• what the child wants - however, the judge will also consider any influence that a parent or de facto custodian may have over the child’s wishes;
• the interaction and relationship the child has with his/her parents, siblings, and any other person that might significantly affect the child’s best interest;
• the motivation of the adults participating in the custody proceeding;
• the child’s adjustment and continuing closeness (proximity) to his/her home, school and community;
• the mental and physical health of all individuals involved;
• any determination (finding) by the judge that domestic violence and abuse have been committed by one of the parties against the other party or against a child of the parties. The judge would then consider:
  • how much the domestic violence and abuse have affected the child;
  • how much the domestic violence and abuse have affected the child’s relationship to each party; and
  • any efforts the abuser has made towards completing a domestic violence program, treatment, or counseling;
• whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence; and
• the likelihood that a party will allow the child to have frequent, meaningful, and continuing contact with the other parent or de facto custodian. However, the judge will not consider this if the judge has determined that:
  • the other parent or de facto custodian committed domestic violence and abuse against the party or a child; and
  • a continuing relationship with the other parent will endanger the health or safety of either the party or the child; and
• if a de facto custodian is filing for custody:
  • how much the child has been cared for and financially supported by the de facto custodian;
  • the intent of the parent(s) in placing the child with a de facto custodian; and
  • the reason(s) the child was placed under the care of a de facto custodian.¹

Note: If you left the family home because you were physically harmed - or seriously threatened with physical harm - by the other parent, the judge is not supposed to hold that against you.²

¹ Ky. Rev. Stat. § 403.270(2)
² Ky. Rev. Stat. § 403.270(3)