Standards for Child Custody in Kentucky

Standards for Child Custody in Kentucky thumbnail
Kentucky has statutes governing child custody.

Child custody statutes in Kentucky can be found in the Kentucky Revised Statutes section 403. According to the statutes, custody can be granted to a defacto custodian if it is in the best interest of the child involved. The statute also outlines the effects of a potential custodian's behavior on their ability to gain custody.

  1. De facto custodian

    • According to statute 403.271, a de facto custodian is the person who proves through clear and convincing evidence that they have been the child's primary caregiver, chief financial provider and principal housing supplier for at least six months if the child is under the age of 3 or for more than one year if the child is over the age of 3.

    Best Interest of the Child

    • According to statute 403.272, when determining what is in the child's best interest, courts consider factors including the wishes of the child involved, the interactions between the child and his other family members and the extent to which the child has adjusted to his home, environment and community.

    Behavior of Potential Custodians

    • Courts in Kentucky do not consider the conduct of potential custodians unless it negatively effects their relationship with the child. Courts also do not consider the issue of abandonment if the person involved abandoned the family residence due to fear of physical harm.

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  • Photo Credit Child image by Serenitie from Fotolia.com

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