When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Kentucky court will intervene and establish custody arrangements based on the best interests of the child. For a summary of divorce and custody law in Kentucky, go to: divorcesource.com.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

In Kentucky, sole or joint custody may be awarded to either spouse. According to Kentucky Statute - Title 35, Chapters: 403.270, custody is awarded based on the best interests of the child along with consideration of the following factors:

• The wishes of the child’s parent or parents and any de facto custodian as to his or her custody
• The wishes of the child as to his or her custodian
• 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
• The child’s adjustment to his or her home, school, and community
• The mental and physical health of all individuals involved
• Information, records, and evidence of domestic violence
• The extent to which the child has been cared for, nurtured, and supported by any de facto custodian
• The intent of the parent or parents to place the child with a de facto custodian
• 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, 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

In Kentucky, the conduct of either parent that does not affect the relationship with the child is not considered in the custody determination. Additionally, abandonment of the family home by a parent is not to be considered if the parent fled due to physical harm or threats of physical harm by the other spouse.

After the custody order is signed by the judge and filed with the Kentucky court, the parents are bound by the order. If a parent is denied court-ordered access to a child, he or she may file a petition for modification and bring the issue back before the court. If it is considered to be in the best interest of the child, the court may decide to modify the visitation order. For a full explanation of divorce and custody law in the state of Kentucky, go to lawyers.com.