Kentucky was the first state to write a presumption of joint custody and equally shared parenting time into its custody statute. That presumption can be overcome by a preponderance of the evidence, which simply means showing that something is more likely true than not. It sets the starting line for every contested custody case in the state. It does not decide how much of the court process a family will go through to reach a final order.
That process works more like a ladder than a single event. Parents who agree on a schedule can finish with little court involvement. Parents who disagree on a few points usually climb a rung or two higher. A smaller group ends up at a contested hearing where a judge weighs evidence and makes the call. Each rung adds time, cost, and loss of control over the outcome, so knowing where a case sits helps parents plan.
Parents working through Campbell County family law questions often benefit from an office that also sees how custody disputes can spill into juvenile or criminal court. Levinson Law LLC practices from York Street in Newport. Attorneys Aaron Levinson and Marissa Richardson handle family matters alongside the firm’s juvenile and civil litigation work, and they bring courtroom experience when settlement isn’t possible. A short call to (859) 250-4550 before anything is filed can help a parent figure out which rung below fits their situation.
The table gives a quick view of each rung before the details.
| Rung | Who makes the call | Typical court involvement | Role of the 50/50 presumption |
|---|---|---|---|
| Agreed parenting plan | Parents | Judge reviews and signs | Background only, since parents may choose any split |
| Negotiated settlement | Parents, with attorneys | Filing plus an agreed order | Shapes each side’s bargaining position |
| Mediation | Parents, with a neutral mediator | Often ordered before trial | Frames what a judge would likely start from |
| Temporary orders | Judge | Short hearing early in the case | Applies to interim custody as well |
| Contested final hearing | Judge | Full evidence, sometimes a guardian ad litem | Applies unless rebutted or set aside by domestic violence rules |
| Post-decree modification | Judge, unless both parents agree | New motion, with affidavits if within two years | Applies again to any modified order |
The First Rung Is a Written Agreement
The presumption does not force parents into an even split. Two parents who agree that one home should be the school-week base can put that in writing. The judge reviews the plan for the child’s best interests, and if it passes, it becomes an enforceable order.
What makes this rung work is detail. A useful plan spells out several things:
- how exchanges happen and who handles transportation
- how holidays rotate
- how summer differs from the school year
- who makes decisions about schooling and medical care
Legal custody, meaning decision-making authority, is separate from the parenting time schedule. Many disputes that come up later trace back to a plan that left one of these vague.
Negotiation Through Counsel
Sometimes parents agree on most issues but stall on one, such as a midweek overnight or a summer travel window. Attorneys can exchange proposals and test ideas before either side commits. This rung still ends in an agreed order. The difference is that each parent has a clearer view of how a judge would likely treat their position, and that tends to narrow unrealistic demands quickly.
Mediation Brings in a Neutral
Many Kentucky family courts order or strongly encourage mediation before a contested custody hearing, though the exact requirements depend on the local court. A mediator does not decide anything. The job is to help parents reach terms they can both sign, which then go to the judge for approval.
Mediation also has limits. Cases with a history of domestic violence are often screened out or handled with added safeguards, because a balanced negotiation is hard when one party fears the other.
Temporary Orders Set the Pattern Early
When parents separate without an agreement, someone has to decide where the child sleeps while the case moves forward. Kentucky applies the same equal parenting time presumption to temporary custody that it applies to final orders. If the court departs from equal time, it must build a schedule that maximizes each parent’s time while still protecting the child’s welfare.
Temporary orders deserve more attention than they usually get. A schedule that runs for several months becomes the child’s routine. It can then influence how the final arrangement looks, even though it is technically interim.
A Contested Hearing Hands the Decision to the Judge
At the top of the ladder, the judge decides custody under KRS 403.270. A recent amendment to that statute changed the order of analysis. The court must now consider any allegations of domestic violence or child abuse first and make written findings on their impact on the child, before weighing anything else.
After that, the court looks at a range of factors, including:
- the wishes of the parents
- the child’s own wishes, with attention to whether a parent has influenced them
- the child’s relationships with family members
- the child’s adjustment to home, school, and community
- the health of everyone involved
- whether each parent will support the child’s continuing contact with the other
A finding that a parent knowingly made a false allegation of child abuse also counts against that parent.
Domestic violence can remove the presumption entirely. Under KRS 403.315, the 50/50 starting point does not apply to a party who is subject to a domestic violence order in the case. When a court finds two or more acts of domestic violence against the other party, the presumption reverses and weighs against joint custody and equal time.
Contested hearings may also involve a guardian ad litem, outside evaluations, or witness testimony. Each of these adds cost and length to the case.
Modification Sits Beyond the Top Rung
A final decree is not permanent, but changing it follows a different set of rules. A motion to modify custody filed within two years of the decree must be supported by affidavits. Those affidavits must give reason to believe the child’s current environment may seriously endanger the child’s physical, mental, moral, or emotional health, or that the child has been placed with a de facto custodian. Kentucky appellate courts have read this to require at least two affidavits, and courts can dismiss motions filed without them.
After two years, the court looks at whether circumstances have changed and whether a modification serves the child’s best interests. Any modified custody order again starts from the joint custody and equal time presumption.
Two more points are worth knowing:
- Adjusting the schedule is different from changing custody. A request that only adjusts parenting time falls under a separate statute with its own standard.
- Repeat filings can be costly. A court that finds a modification motion vexatious or harassing can order the filing parent to pay the other side’s attorney fees and costs.
Every family’s facts are different, and this overview is general information rather than legal advice for any specific case. No path up the ladder guarantees a particular result. Still, understanding the rungs ahead of time makes it easier to decide how far up a dispute really needs to go.
