Is there a presumption of equal parenting time in Kentucky?

Yes. KRS § 403.270 establishes a rebuttable presumption that joint custody and equally shared parenting time serve a child's best interest. Courts start from the assumption that children benefit from roughly equal time with both parents, and a party seeking a different arrangement must prove otherwise by a preponderance of the evidence.

How is child support calculated in Kentucky?

Using the income shares model under KRS § 403.212: both parents' gross incomes are combined and applied to the statutory child support table for the number of children, then divided proportionally, with adjustments for health insurance, childcare, and parenting time credits under KRS § 403.2121.

Kentucky, United States

Kentucky Child Custody: A Parent's Guide

Q: What are the best-interest factors under KRS § 403.270?

Kentucky courts weigh 11 statutory factors, including the wishes of the parents, the wishes of the child (with consideration for any parental influence on those wishes), the existing relationship between the child and each parent, siblings, and other significant family members, the child's adjustment to home, school, and community, and the mental and physical health of everyone involved. No single factor automatically controls.

Q: What happens if a court doesn't order equal time?

If a deviation from equal parenting time is warranted based on the evidence, the court must construct a schedule that maximizes each parent's or de facto custodian's time with the child, consistent with protecting the child's welfare.

Q: How much notice do I need to relocate with my child in Kentucky?

A parent who wants to relocate out of state, or more than 100 miles within Kentucky, generally must give the other parent at least 60 days' notice. Where there's joint custody, the relocating parent must file written notice with the court and have it served on the other parent; if the parents can't agree on a revised schedule, either parent can file a motion for a change of custody or time-sharing.

How child custody works in Kentucky, in plain English: the equal-parenting-time presumption, best-interest factors, relocation notice, and child support.

Legal sources reviewed: August 9, 2026

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In short: Kentucky presumes joint custody and roughly equal parenting time serve a child's best interest, rebuttable by a preponderance of the evidence. Courts otherwise weigh 11 statutory best-interest factors. Relocating out of state or more than 100 miles within Kentucky generally requires 60 days' notice, and any move by a parent with residential custody requires the other parent's written agreement, filed with the court, or a court order.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Kentucky family law attorney.

What Kentucky generally provides

Kentucky courts start custody proceedings from a rebuttable presumption that joint custody and equally shared parenting time serve the child's best interest under KRS § 403.270. A party seeking a different arrangement carries the burden of proving, by a preponderance of the evidence, that a departure from roughly equal time better serves the child.

Important terminology

Joint custody: shared legal decision-making, presumed to be in a child's best interest alongside roughly equal parenting time.
Equally shared parenting time: Kentucky's statutory starting point, rebuttable with sufficient evidence.
De facto custodian: a person, not necessarily a legal parent, who has been the child's primary caregiver and financial supporter for a specified period, potentially entitled to the same custody consideration as a parent.
Best interest of the child: Kentucky's controlling standard under § 403.270, assessed through 11 statutory factors.

How custody works in Kentucky

The equal-time presumption

Section 403.270 presumes both joint custody and roughly equal parenting time serve a child's best interest. The party opposing this arrangement must rebut the presumption with evidence, not simply assert a preference for something different.

The 11 best-interest factors

Kentucky courts weigh factors including the wishes of the parents and the motivation behind the custody proceeding, the wishes of the child with consideration for any parental influence on those wishes, the existing relationship between the child and each parent, siblings, and other significant family members, the child's adjustment to home, school, and community, and the mental and physical health of everyone involved. If the presumption is rebutted and a deviation from equal time is warranted, the court must still construct a schedule that maximizes each parent's or de facto custodian's time with the child.

Parenting schedules

Given the equal-time starting point, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

A parent who wants to relocate out of state, or more than 100 miles within Kentucky, generally must give the other parent at least 60 days' notice. Where a joint custody order is in place, the relocating parent must file written notice with the court and have it served on the other parent, not simply notify them informally. If the parents can agree on a revised time-sharing arrangement, they can file a written agreement with the court; without agreement, either parent can file a motion for a change of custody or time-sharing, and moving before the court rules can carry serious consequences, including a court order to return the child. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Kentucky uses the income shares model under KRS § 403.212: both parents' gross incomes are combined and applied to the statutory child support table, then divided proportionally, with adjustments for health insurance, childcare, and parenting time credits. The minimum obligation is $60/month, and for combined incomes above $30,000/month, courts apply the guideline percentage at that level with discretion to increase it further.

Can a custody order be changed later? Yes, generally on a showing of a change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt or to enforce the order with the court. Courts can order makeup parenting time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because Kentucky's presumption favors roughly equal time by default, a family expecting something other than a near-even split should be prepared to present specific evidence supporting that, worth discussing directly with a Kentucky family law attorney. Whatever the schedule ends up being, the operational part that follows it, keeping both households aligned on the same calendar, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Kentucky resources

Kentucky hub

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.