Not All Custody Is Equal

Equal Parenting Time In Kentucky

Presumption

In previous article I spoke of the Kentucky law that presumes shared custody and equal parenting time in Kentucky.   This law, KRS 403.270, remains perfectly valid and in effect, however recent case law underscores the importance of representation and knowing your rights.

New Kentucky Case Law

Barnett v. White

See above link for full case content.  Barnett v. White is the first case interpreting how 403.270 should be applied.  It states, “While the new version of KRS 403.270(2) puts a finger on the scale in favor of joint custody and equal time sharing by requiring only a preponderance of evidence to overcome, such a preference is a slight burden and the trial court continues to possess broad discretion in determining the best interest of the child as to who should have custody and where the child shall live.

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