Legal Custody must be determined by a court in Kentucky. The family courts retain jurisdiction over custody, whether born during a marriage or outside of marriage. Unlike Ohio, where juvenile court has different rules for unwed parents, both wed and unwed parents in Kentucky can petition for custody in a similar fashion.
KRS 403.270 outlines the custodial interests for both wed and unwed parents. If the parents are unable to agree on custody and parenting, the Courts will make the determination. The determination is based on the best interest of the minor child. Those are outlined in 403.270, but are set forth follows:
(a) The wishes of the child’s parent or parents, and any de facto custodian, as to his custody;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests;
(d) The child’s adjustment to his home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) Information, records, and evidence of domestic violence as defined in KRS 403.720;
(g) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;
(h) The intent of the parent or parents in placing the child with a de facto custodian; and
(i) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.
If you have questions, concerns or need to speak to or retain an attorney, call Michael Bouldin at Bouldin Law Firm. Having practiced family and custody law for 22 years, you will get the answers. Remember, don’t just look for the answers you want, look for the right answers. For a consultation, email firstname.lastname@example.org or call 859-581-6453 (581-MIKE) to schedule.