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New KY Custody Laws Enacted

Custody Statute in Kentucky has been modified by law. Effective 4/26/2018, Kentucky legislature has made the following change to the purpose of custody law in KY under KRS 403.110 to include:

(1) Assure minor children of divorced, separated, or unmarried parents equal or nearly equal time with both parents;
(2) Effectuate the presumption that in each divorce, separation, or in cases involving unmarried parents that both parents share as equally as possible rights and responsibilities in parenting and having custody of their children.

The 2018 legislature has introduced HB 528 / 18 RS.  This was signed into law on April 26, 2018 but has yet to be updated in the KRS online.

AN ACT relating to joint custody.
Amend KRS 403.270 to create a presumption that joint custody and equally shared parenting time is in the best interrest of the child, and to require the court to consider the motiviation of the aduts involved when determining the best interest of the child for custody orders; amend KRS 403.280 to specify that the presumption of joint custody and equal parenting time is in the best interest of the child; amend KRS 403.320 to allow a parent not granted custody or shared parenting time to petition for reasonable visitation rights; amend KRS 403.340 to specify that if a court modifies a custody decree there is a rebuttable presumption that it is in the best interest of the child for the parents to have joint custody and equally shared parenting time.


AMENDMENTSHB 528 (As Introduced)
SCS1 - Amend KRS 403.270 to create a presumption that joint custody and equally shared parenting time is in the best interest of the child, and to require the court to consider the motiviation of the aduts involved when determining the best interest of the child for custody orders, as well as to consider the effect incidences of domestic violence on the relationship between the child and each parent; amend KRS 403.280 to specify that the presumption of joint custody and equal parenting time is in the best interest of the child; amend KRS 403.320 to allow a parent not granted custody or shared parenting time to petition for reasonable visitation rights; amend KRS 403.340 to specify that if a court modifies a custody decree there is a rebuttable presumption that it is in the best interest of the child for the parents to have joint custody and equally shared parenting time; create a new section of KRS Chapter 403 to specify that the presumption of joint custody and equally shared parenting time shall not apply in cases involving an incident of domestic violence within the preceding three years.
SFA1( R. Webb ) - Specify that the presumption for joint custody and equally shared parenting time shall not apply when there has been a domestic violence order entered between two or more of the parties; amend KRS 403.740 to specify that the presumption for joint custody and equally shared parenting time shall not apply in cases where a domestic violence order is being entered. 

If you are involved in custody dispute, know your rights.  If you need to consult with a family law attorney in Northern Kentucky, contact [email protected] or call 859-581-6453.

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