KENTUCKY
NPO AFFILIATE | KY
STATE CHAIR: Jason Griffith
DIRECTOR OF WOMEN’S OUTREACH: Alexandra Beckman
DIRECTOR OF FAMILY PRESERVATION: Jen Warawa
Director of Education and Community Engagement: Koleen Slusher
WEBSITE: KY Facebook Page
2022 Child Support and Shared Parenting Report Card
WHY DID KENTUCKY RECEIVE AN A-?
POSITIVES:
Kentucky's PTA has a very low threshold of 1 day.
Kentucky's PTA is continuous, with no cliff effects.
Kentucky's PTA appropriately takes into account the effect of the PTA on both parents' households.
Kentucky's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.
NEGATIVES:
Kentucky's PTA doesn't recognize the fixed, duplicated costs involved in shared parenting.
LEGISLATIVE HIGHLIGHTS
2018 Kentucky House Bill 528
Title: “AN ACT relating to joint custody”
Status: Passed on April 26 2018 - 100% progression
Summary: Amend KRS 403.270 to create a presumption that joint custody and equally shared parenting time is in the best interest of the child, and to require the court to consider the motivation of the adults involved when determining the best interest of the child for custody orders; amend KRS 403.280 to specify that the presumption of joint custody and equal parenting time is in the best interest of the child; amend KRS 403.320 to allow a parent not granted custody or shared parenting time to petition for reasonable visitation rights; amend KRS 403.340 to specify that if a court modifies a custody decree there is a rebuttable presumption that it is in the best interest of the child for the parents to have joint custody and equally shared parenting time.
Bill Text: PDF
2017 Kentucky House Bill 492
Title: “An Act relating to temporary custody orders”
Status: Passed on April 10 2017 - 100% progression
Summary: Amend KRS 403.280 to create a presumption of joint custody in temporary custody orders and to have prior parental custody agreements become the court's orders.
Bill Text: PDF
2019 NPO Shared Parenting Report Card
WHY DID KENTUCKY RECEIVE AN A?
POSITIVES:
In two major legislative changes, spearheaded by NPO, Kentucky statutes now contain a rebuttable presumption “that joint custody and equally shared parenting time is in the best interest of the child” barring issues of domestic violence and abuse for both temporary and permanent orders.
For a presumption of equal shared parenting to be defeated, Kentucky statutes require a finding based on a “preponderance of the evidence” and not a mere allegation or filing.
If the presumption of equal parenting time is defeated, courts are required “to maximize the time each parent ... has with the child ... consistent with ensuring the child’s welfare.”
These provisions subsume a shared parenting policy, “friendly parent” factors, and maximum parenting time provisions.
The NPO led legislative changes have propelled Kentucky from one of the lowest ranked shared parenting states in 2014 to the top tier.
NEGATIVES:
Kentucky has no explicit provisions for domestic relations courts to deal with a false allegation of abuse to block shared parenting.
Kentucky was the first state to proclaim April 26 Shared Parenting Day. This was in honor of the first anniversary of the passage of the first in the nation shared parenting law. Board Member Matt Hale led this effort.
