403.270 Custodial issues -- Best interests of child shall determine -- Rebuttable
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/ky/403-270A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
presumption that joint custody and equally shared parenting time is in child's
best interests -- De facto custodian.
(a)As used in this chapter and KRS 405.020, unless the context requires
otherwise, "de facto custodian" means a person who has been shown by clear
and convincing evidence to have been the primary caregiver for, and financial
supporter of, a child who within the last two
(2)years has resided with the
person for an aggregate period of six
(6)months or more if the child is under
three
(3)years of age and for an aggregate period of one
(1)year or more if the
child is three
(3)years of age or older or has been placed by the Department
for Community Based Services. Any period of time after a legal proceeding
has been commenced by a parent seeking to regain custody of the child shall
not be included in determining whether the child has resided with the person
for the required minimum period.
(b)A person shall not be a de facto custodian until a court determines by clear
and convincing evidence that the person meets the definition of de facto
custodian established in paragraph
(a)of this subsection. Once a court
determines that a person meets the definition of de facto custodian, the court
shall give the person the same standing in custody matters that is given to each
parent under this section and KRS 403.280, 403.340, 403.350, 403.822, and
405.020.
(2)The court shall determine custody in accordance with the best interests of the child
and equal consideration shall be given to each parent and to any de facto custodian.
Subject to KRS 403.315, there shall be a presumption, rebuttable by a
preponderance of evidence, that joint custody and equally shared parenting time is
in the best interest of the child. If a deviation from equal parenting time is
warranted, the court shall construct a parenting time schedule which maximizes the
time each parent or de facto custodian has with the child and is consistent with
ensuring the child's welfare. The court shall consider all relevant factors including:
(a)The wishes of the child's parent or parents, and any de facto custodian, as to
his or her custody;
(b)The wishes of the child as to his or her custodian, with due consideration
given to the influence a parent or de facto custodian may have over the child's
wishes;
(c)The interaction and interrelationship of the child with his or her parent or
parents, his or her siblings, and any other person who may significantly affect
the child's best interests;
(d)The motivation of the adults participating in the custody proceeding;
(e)The child's adjustment and continuing proximity to his or her home, school,
and community;
(f)The mental and physical health of all individuals involved;
(g)A finding by the court that domestic violence and abuse, as defined in KRS
403.720, has been committed by one
(1)of the parties against a child of the
parties or against another party. The court shall determine the extent to which
the domestic violence and abuse has affected the child and the child's
relationship to each party, with due consideration given to efforts made by a
party toward the completion of any domestic violence treatment, counseling,
or program;
(h)The extent to which the child has been cared for, nurtured, and supported by
any de facto custodian;
(i)The intent of the parent or parents in placing the child with a de facto
custodian;
(j)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; and
(k)The likelihood a party will allow the child frequent, meaningful, and
continuing contact with the other parent or de facto custodian, except that the
court shall not consider this likelihood if there is a finding that the other
parent or de facto custodian engaged in domestic violence and abuse, as
defined in KRS 403.720, against the party or a child and that a continuing
relationship with the other parent will endanger the health or safety of either
that party or the child.
(3)The abandonment of the family residence by a custodial party shall not be
considered where said party was physically harmed or was seriously threatened with
physical harm by his or her spouse, when such harm or threat of harm was causally
related to the abandonment.
(4)If the court grants custody to a de facto custodian, the de facto custodian shall have
legal custody under the laws of the Commonwealth.