The state of Kentucky uses several factors to determine child custody. Primarily, the court considers the best interests of the child. Parents who wish to file for child custody in Kentucky should first become familiar with the custody statutes in this state.
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Best Interests of Child
A family court in Kentucky determines custody based on the best interests of the child. Factors considered in this determination include:
- The child's adjustment to home, school and community
- Each parent's wishes
- The child's wishes
- The child's relationship with his/her parents, siblings and extended family members
- The mental and physical health of all involved parents
- Any history of domestic violence
Visitation and Child Custody in Kentucky
In Kentucky, if a parent is not granted custody of a child, the noncustodial parent is entitled to reasonable visitation rights unless the court finds that visitation will reasonably endanger the child's physical, emotional, mental or moral health. The court will issue a schedule determining the timing and frequency of the noncustodial parent's visitation with the child.
Modification of Child Custody in Kentucky
A court in Kentucky will not reconsider a child custody order that was determined less than two years from the current custody order unless a parent can prove:
- The child's present environment may seriously endanger his physical, mental, moral or emotional well-being
- The custodian appointed under the prior court agreement has placed the child with a de facto custodian
Prior to modifying a custody order, the court will consider whether the parents agree to the modification and how well the child is integrated into the family.
For more information about child custody in Kentucky, speak with a qualified attorney in Kentucky or refer to the Kentucky Code.