Kentucky Custody Agreements and Parenting Plans - Laws in the Kentucky Revised Statutes

The Kentucky Revised Statutes contain the laws andthe child is under three years of age, the child must
guidelines that govern custody proceedings. Withinhave lived with the custodian for six months and if the
these laws, parents can find information about jointchild is older than three years the child must have lived
custody, de facto guardians, and the factors thatwith the custodial for one year. There must be
influence the best interest of the child. All of this isevidence that shows the person has provided for the
necessary information for a Kentucky custodychildren. If a de facto custodian is involved in the child's
agreement, and parents must learn these laws so thatlife, the parenting plan must include this. De facto
they can make the best possible agreement.custodians are usually grandparents or other relatives,
The Statutes give authority to the Kentucky courts tobut it can also be someone else.
make decisions about custody matters. Joint custodyThe law states very explicitly that the court must base
may be granted to the parents if it is in the bestall custody decisions on the best interest of the child.
interest of the child. There isn't necessarily aWhen the parents are not able to agree on a
presumption for joint custody (meaning that jointparenting plan, the judge will determine the plan. Here
custody is awarded unless evidence shows that soleare some of the factors that the judge considers
custody is in the best interest of the child), but thewhen thinking about how to decide custody: the
state does favor joint custody and encourageswishes of the parents and the child; the relationship
parents to work together on their parenting plan. If abetween the child and the parents; the relationship
sole custody arrangement is better for the child, thebetween the child and siblings; if there is a de facto
court will support that decision.custodian involved; the child's adjustment to home,
Joint custody can also be given to the parents and aschool, and community; etc. These are all important
de facto custodian. A de facto custodial is someoneissues that must be addressed in the custody
who has been a primary caregiver and financialagreement.
supporter of a child who has resided with the person. If