Kentucky's rule on child custody and parenting time turns on a feature the national template does not capture: Kentucky uses Legal custody and physical custody; timesharing / visitation schedules implement physical custody.. Courts apply best-interests factors under § 403.270, including the wishes of the parents and child, interaction with family, adjustment to home/school, and mental and physical health. Equal timesharing / joint custody is a common starting presumption when both parents are fit, subject to best interests and domestic-violence findings. The controlling authority is Ky. Rev. Stat. §§ 403.270 to 403.320. Relocation: A parent seeking to relocate with the child generally must obtain court approval or agreement; the court applies best-interests factors. Modification: A change of circumstances affecting the child is required to modify custody or timesharing.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 403.
- Labels used in Kentucky: Legal custody and physical custody; timesharing / visitation schedules implement physical custody..
- Parenting-time posture: Equal timesharing / joint custody is a common starting presumption when both parents are fit, subject to best interests and domestic-violence findings.
- Relocation: A parent seeking to relocate with the child generally must obtain court approval or agreement; the court applies best-interests factors.
- Modification: A change of circumstances affecting the child is required to modify custody or timesharing.
- Primary authority: Ky. Rev. Stat. §§ 403.270 to 403.320.
Worked example under Kentucky law
The illustration below uses only rules already stated for Kentucky. It is a research hypothetical, not a prediction of what a court will do.
Two parents in Kentucky disagree about where the child lives during the school week, and one wants to move.
- Use the labels Kentucky actually uses: Legal custody and physical custody; timesharing / visitation schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors under § 403.270, including the wishes of the parents and child, interaction with family, adjustment to home/school, and mental and physical health.
- Check any parenting presumption: Equal timesharing / joint custody is a common starting presumption when both parents are fit, subject to best interests and domestic-violence findings.
- If a move is proposed: A parent seeking to relocate with the child generally must obtain court approval or agreement; the court applies best-interests factors. Later changes follow: A change of circumstances affecting the child is required to modify custody or timesharing.
Custody is addressed in dissolution or a custody petition. Parenting classes and mediation are common. Final decrees allocate legal and physical custody and a timesharing schedule.
Best-interests factors in Kentucky
Courts apply best-interests factors under § 403.270, including the wishes of the parents and child, interaction with family, adjustment to home/school, and mental and physical health.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; timesharing / visitation schedules implement physical custody.
Equal timesharing / joint custody is a common starting presumption when both parents are fit, subject to best interests and domestic-violence findings.
Relocation with a child
A parent seeking to relocate with the child generally must obtain court approval or agreement; the court applies best-interests factors.
Modifying a Kentucky custody order
A change of circumstances affecting the child is required to modify custody or timesharing.
How custody cases typically move in Kentucky
Custody is addressed in dissolution or a custody petition. Parenting classes and mediation are common. Final decrees allocate legal and physical custody and a timesharing schedule.
Related Kentucky guides
Case law: custody and parenting time in Kentucky
Christopher M. PENNINGTON, Appellant, v. Heather M. MARCUM (f/K/A Miles), Appellee
…yd Circuit Court erred when it overruled a motion to modify custody pursuant to the best interests of the child and submits that relocation with a minor child is sufficient to trigger a modification hearing pursuant to KRS 403.340. After reviewing the record, the applicable statutes, and relevant case law, this Court finds no abuse of discretion by the trial *762court, there be…
On child custody, Christopher M. PENNINGTON, Appellant, v. Heather M. MARCUM (f/K/A Miles), Appellee speaks to the Kentucky dispute in this passage: "Circuit Court erred when it overruled a motion to modify custody pursuant to the best interests of the child and submits that relocation with a minor child is sufficient to trigger a modification hearing pursuant to KRS 403.340." The surrounding opinion shows how the court applied that language to the record.
Bobby Dwayne GREATHOUSE, Appellant, v. Nancy Ellen SHREVE and Sookie Jane Shreve, Appellees
LEIBSON, Justice. This is a dispute over custody of Nathaniel Ray Greathouse Shreve, a child born May 16, 1984. The movant is Bobby Dwayne Great-house, Nathaniel’s natural father, and the respondents are Nancy Ellen Shreve, the child’s maternal grandmother, and Sookie Jane Shreve, the child’s natural mother. Nathaniel’s parents were never married. They lived…
Bobby Dwayne GREATHOUSE, Appellant, v. Nancy Ellen SHREVE and Sookie Jane Shreve, Appellees is worth reading on Kentucky child custody because the court put the point in its own words: "LEIBSON, Justice. This is a dispute over custody of Nathaniel Ray Greathouse Shreve, a child born May 16, 1984." Use that passage as the starting point, then read the facts that precede it.
Word Wood SIMPSON, Movant, v. Cynthia SIMPSON, Respondent
Word Wood SIMPSON, Movant, v. Cynthia SIMPSON, Respondent, 1979 Ky. LEXIS 281 (1979)
…amended petition Cynthia requested that the court grant her custody of her stepson, Hart Simpson or, in the alternative, visitation privileges. Hart was born during Word's prior marriage. The trial court held that its jurisdiction had not been properly invoked on the custody issue and that a nonparent may not be awarded visitation. The Court of Appeals reversed the case on the…
Practitioners open Word Wood SIMPSON, Movant, v. Cynthia SIMPSON, Respondent when Kentucky child custody turns on the distinction in this sentence: "Cynthia requested that the court grant her custody of her stepson, Hart Simpson or, in the alternative, visitation privileges. Hart was born during Word's prior marriage." Do not lift it out of the facts the court was deciding.
Rosemarie R. SQUIRES, Appellant, v. Paul W. SQUIRES, Appellee
Rosemarie R. SQUIRES, Appellant, v. Paul W. SQUIRES, Appellee, 1993 Ky. LEXIS 71 (1993)
…expressly declared the right of trial courts to grant joint custody to the parents of a child with the only standard being “best interest.” Heretofore this Court has not provided any guidance to trial courts in exercise of their broad discretion. As the appropriate use of joint custody is the subject of considerable debate and there appears to be little uniformity among the tri…
Practitioners open Rosemarie R. SQUIRES, Appellant, v. Paul W. SQUIRES, Appellee when Kentucky child custody turns on the distinction in this sentence: "Heretofore this Court has not provided any guidance to trial courts in exercise of their broad discretion." Do not lift it out of the facts the court was deciding.
Ortha SHIFFLET, Appellant, v. Ginger Carol SHIFFLET, Appellee
Ortha SHIFFLET, Appellant, v. Ginger Carol SHIFFLET, Appellee, 1995 Ky. LEXIS 8 (1995)
LEIBSON, Justice. This dispute involves deciding custody of Robin Shifflet, born November 18, 1981, between Robin’s mother, Ginger Shif-flet, and her paternal grandmother, Ortha Shifflet. The trial court awarded custody to the grandmother, using the “best interests of the child” standard. The Court of Appeals reversed with directions to enter judgment for the mother,…
Ortha SHIFFLET, Appellant, v. Ginger Carol SHIFFLET, Appellee is worth reading on Kentucky child custody because the court put the point in its own words: "LEIBSON, Justice. This dispute involves deciding custody of Robin Shifflet, born November 18, 1981, between Robin’s mother, Ginger Shif-flet, and her paternal grandmother, Ortha Shifflet." Use that passage as the starting point, then read the facts that precede it.
Frequently asked questions
What does Kentucky call “custody”?
Legal custody and physical custody; timesharing / visitation schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child generally must obtain court approval or agreement; the court applies best-interests factors.
How do I change an existing custody order in Kentucky?
A change of circumstances affecting the child is required to modify custody or timesharing.
This guide covers Kentucky custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.