A parent has a constitutional right to raise his or her child. That right is recognized in child custody proceedings in the Commonwealth of Kentucky. In some circumstances, a non-parent can be considered to have equal rights as a parent and be named the "de facto custodian" of a child. Regardless of whether the custody dispute is between the parents (whether or not they are married) or de facto custodians of the children, the standard for determining the appropriate custody arrangements for children is what factors are determined to be in the "best interest" of the child. KRS 403.270 sets forth some of the elements considered in this standard: 1) the wishes of the child's parents or a de facto custodian; 2) the wishes of the child--though there is no age at which children get to make the final determination; 3) the interaction and interrelationship of the child with his parent/s siblings, and any other person who may significantly affect the child's best interest.; 4) the child's adjustment to his/her home, school, and community; 5) the mental and physical health of all of the individuals involved; 6) history of domestic violence; 7) the extent to which the child has been cared for, nurtured, or supported by a parent or de facto custodian.

Though "custody" is often intended by laypersons to mean "where the child lives," in legal terms "custody" actually means the ability to make decisions for the child involving education, religion, healthcare etc. and has little to do with where the child lives. The default position in the Commonwealth is joint custody between parents. This means that both parents will share equal responsibility in making the "big" decisions in their child's life. In some cases, upon Motion to the Court, a parent can be granted sole custody. If sole custody is granted, then only that parent or custodian can make the "big" decisions. In either case, each parent may be granted liberal parenting time.

The details of custody and parenting time are complicated and emotional. It is important to remember throughout the process that, regardless of how you feel about the other party, the most important thing is that the children have the love and support that they need to thrive. It is a delicate balance to strike. We understand that. We can help you attain it.