Kentucky Dissolution of Marriage With Children — Custody and Child Support (2026)

Kentucky favors joint custody and maximum involvement of both parents in children's lives. A Parenting Plan is required in all dissolution cases involving minor children.

Kentucky's Custody Framework

Legal Custody

Authority to make major decisions about education, healthcare, religious upbringing, and activities.

• Joint legal custody: Both parents share major decisions — strongly preferred by Kentucky courts
• Sole legal custody: One parent has authority — ordered when joint custody is not in the child's best interest

Physical Custody — Primary Residential Parent

Where the child lives.

• Joint physical custody (shared parenting): Child spends substantial time with each parent
• Primary residential parent: The parent with whom the child primarily resides
• Timesharing schedule: Specific schedule for when child is with each parent

Kentucky's presumption: Since 2018, Kentucky law (KRS 403.270) establishes a rebuttable presumption in favor of joint custody and equal timesharing (50/50). Courts start with this presumption and deviate based on evidence and best interest factors.

Best Interest Factors — KRS 403.270

The court determines custody based on the best interest of the child, considering:

1. Wishes of the child's parent(s)
2. Wishes of the child (if mature enough)
3. Interaction and interrelationship with parents, siblings, and other significant persons
4. Child's adjustment to home, school, and community
5. Mental and physical health of all individuals involved
6. Domestic violence or abuse (any domestic violence is a major factor)
7. Extent to which each parent facilitated and encouraged child's relationship with the other parent
8. Information from a domestic violence program (if applicable)
9. Child's need to have a continuing and meaningful relationship with both parents
10. Ability of each parent to provide security and routine

The Parenting Plan

All custody arrangements must be in a written Parenting Plan filed with the court and incorporated into the Decree. Kentucky courts provide a model Parenting Plan form.

Parenting Plan must include:

• Legal custody designation (joint or sole)
• Physical custody and primary residential parent designation
• Regular parenting schedule (school year and summer)
• Holiday and vacation schedule (with specific holidays listed by name)
• Transportation responsibilities
• Decision-making protocol for joint legal custody
• Communication procedures
• Relocation provisions (Kentucky has specific notice requirements for relocation)
• Method for resolving parenting disputes

Kentucky Child Support Guidelines — KRS 403.212

Kentucky uses the Income Shares Model — both parents' incomes are used to calculate support.

Key inputs:

• Both parents' combined monthly gross income
• Number of children
• Cost of child care related to employment or education
• Health insurance premiums for the child
• Extraordinary medical expenses
• Other children the parent is legally obligated to support

Support ends at age 18, or age 19 if still in high school.

Calculator: Complete the Kentucky Child Support Worksheet (AOC-MISC.3 or equivalent). Kentucky's online guidelines calculator may be available through courts.ky.gov.

Health Insurance

The Separation Agreement (and Parenting Plan) must address:

• Which parent maintains health insurance for the child
• How uninsured medical expenses are divided
• Who claims the child as a dependent for tax purposes (alternate years is common)

Last reviewed: March 2026 | Joint custody presumption — KRS 403.270 | Parenting Plan required | Income shares child support | Support ends at 18 (or 19 if in high school) | courts.ky.gov/forms

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.