403.270 Custodial issues -- Best interests of child shall determine -- Joint custody
permitted -- 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 and convincing
evidence to have been the primary caregiver for, and financial supporter of, a child
who has resided with the person for a period of six (6) months or more if the child
is under three (3) years of age and for a 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
(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, 403.420, 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. The court
shall consider all relevant factors including:
(5) The court may grant joint custody to the child's parents, or to the child's parents and a de facto custodian, if it is in the best interest of the child.
(6) If the court grants custody to a de facto custodian, the de facto custodian shall have legal custody under the laws of the Commonwealth.
Effective: July 14, 2000
403.320 Visitation of minor child.
(1) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral, or emotional health. Upon request of either party, the court shall issue orders which are specific as to the frequency, timing, duration, conditions, and method of scheduling visitation and which reflect the development age of the child.