Title XXXV, Domestic Relations

of information on domestic violence or child abuse. (1) In a proceeding for dissolution of marriage or for legal separation, or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage by a court which lacked personal jurisdi…

(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretri…

(1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for maintenance of either of them, disposition of any…

(1) In a proceeding for dissolution of the marriage or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property…

(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it find…

(1) The parents of a child may enter into a temporary agreement under KRS 403A.201 to 403A.205 granting custodial responsibility during deployment. (2) An agreement under subsection (1) of this section shall be: (a) In writing; and (b) Signed by both parents and any nonparent to …

(1) An agreement under KRS 403A.201 to 403A.205 is temporary and terminates pursuant to KRS 403A.401 to 403A.404 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under KRS 403A.203. The ag…

(1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to KRS 403A.201 to 403A.205. (2) If an agreement is modified under subsection (1) of this section before deployment of a deploying parent, the modification shall…

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently i…

An agreement or power of attorney under KRS 403A.201 to 403A.205 shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The …

The General Assembly recognizes that under the federal "Family Support Act of 1988," P.L. 100-485, the Commonwealth of Kentucky is required to implement child support guidelines.

award -- Allocation of child-care costs and health care expenses -- Order for payment of health care coverage -- Noncustodial parent's health plan -- Attachment of income -- Credit for disability payments. (1) An action to establish or enforce child support may be initiated by th…

support obligation worksheet, manual with examples on Attorney General's website -- Terms to be applied in calculations -- Table. (1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky. (2) The Offic…

(1) (a) As used in this section, "day" means more than twelve (12) consecutive hours in a twenty-four (24) hour period under the care, control, or direct supervision of one (1) parent or caretaker, or as the court determines based on findings of substantially equivalent care or e…

Effects of emancipation and death of obligated parent -- Commission to review guidelines. (1) The Kentucky child support guidelines may be used by the parent, custodian, or agency substantially contributing to the support of the child as the basis for periodic updates of child su…

After July 15, 1990, any new or modified order or decree which contains provisions for the support of a minor child or minor children, shall provide for a wage assignment which shall begin immediately except for good cause shown, and which shall be paid based upon the payment sch…

The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for attorney's fees, including sums for legal servi…

Restoration of former name. (1) No earlier than one year after entry of a decree of legal separation, the court on motion of either party shall convert the decree to a decree of dissolution of marriage. (2) Upon request by a wife whose marriage is dissolved or declared invalid, t…

-- Attorney's fees. (1) If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended; but he may move the court to grant an appropri…

disposition. (1) Except as otherwise provided in subsection (6) of KRS 403.180, the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. The provisions as to…

Rebuttable presumption that joint custody and equally shared parenting time is in child's best interests -- De facto custodian. (1) (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 …

(1) A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in KRS 403.350. The court may award temporary custody under the standards of KRS 403.270 after a hearing, or, if there is no objection, solely on t…

personnel. (Effective until January 1, 2027) (1) The court may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to…

receive copy. (1) In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the …

As used in KRS 403A.301 to 403A.311, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.

(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not…

If a motion to grant custodial responsibility is filed under KRS 403A.302(2) before a deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under KRS 403A.301 to 403A.311, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

In a proceeding for a grant of custodial responsibility pursuant to KRS 403A.301 to 403A.311, the following rules apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requiremen…

(1) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a…

On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child o…

(1) A grant of authority under KRS 403A.301 to 403A.311 is temporary and terminates under KRS 403A.401 to 403A.404 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independ…

(1) An order granting custodial responsibility under this article shall: (a) Designate the order as temporary; and (b) Identify to the extent feasible the destination, duration, and conditions of the deployment. (2) If applicable, an order for custodial responsibility under KRS 4…

(1) Custody proceedings shall receive priority in being set for hearing. (2) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interests of the child. …

If a court has issued an order granting caretaking authority under this article, or an agreement granting caretaking authority has been executed under KRS 403A.201 to 403A.205, the court may enter a temporary order for child support consistent with law of this state other than th…

(1) Except for an order under KRS 403A.305, except as otherwise provided in subsection (2) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaki…

in cases involving domestic violence and abuse. (1) When determining or modifying a custody order pursuant to KRS 403.270, 403.280, 403.340, or 403.740, the court shall consider the safety and well-being of the parties and of the children. If a domestic violence order is being or…

In any proceeding for child custody under this chapter where the court has made a finding that a party has committed domestic violence and abuse as defined in KRS 403.720 against another party to the proceeding or a child of the parties: (1) The court shall not remove custody fro…

termination of parental rights of others. (1) A parent not granted custody of the child and not awarded shared parenting time under the presumption specified in KRS 403.270(2), 403.280(2), or 403.340(5) is entitled to reasonable visitation rights unless the court finds, after a h…

felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation. (1) The Commonwealth recognizes that certain victims of sexual assault may conceive a child as a result of the sexual assault and may choose to bear and raise the child. The Commonwea…

-- Hearing required. (1) Notwithstanding the provisions of KRS 403.320, if a parent of a child is convicted of murder or manslaughter in the first degree of the other parent, a court shall not grant the convicted parent visitation rights with respect to that child unless the cour…

(1) Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing, finds, upon motion by the noncustodial par…

(1) As used in this section, "custody" means sole or joint custody, whether ordered by a court or agreed to by the parties. (2) No motion to modify a custody decree shall be made earlier than two (2) years after its date, unless the court permits it to be made on the basis of aff…

modification of custody decree. A party seeking a temporary custody order or modification of a custody decree shall submit together with his moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy o…

responsibilities regarding care and custody of a child. (1) A parent or legal guardian of a child, by a properly executed power of attorney, as established in this section and KRS 403.353, may temporarily delegate to another person, named in the instrument as the attorney-in-fact…

KRS Chapter 403A. (1) A power of attorney established pursuant to this section, KRS 403.352, and KRS Chapter 403A shall be substantially in the following form, and may include other specific directions which are in accordance with accepted legal practice and not specifically proh…