Kentucky Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Kentucky divorce
How custody is determined §403.270
Courts determine custody based on the best interests of the child, considering the wishes of the child and parents, the child's adjustment to home and community, the mental and physical health of all parties, and each parent's history of domestic violence.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §403.212
Kentucky uses an income-shares model to calculate child support.
- Based on combined gross income of both parents using Kentucky Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings
- Health insurance and childcare costs factored into the calculation
- Income can be withheld directly from the paying parent's employer §403.215
The parenting plan
Most Kentucky courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §403.160
Courts may issue temporary orders for maintenance, child support, and injunctions or restraining orders during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a change in circumstances that endangers the child's physical or mental health, or upon the child's integration into the family of the petitioner. A two-year moratorium on modification applies unless serious endangerment is shown. §403.340
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Related guides
- Based on combined gross income of both parents using Kentucky Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings
- Health insurance and childcare costs factored into the calculation