In 2018, House Bill 528 went into law, modifying KRS 403.270 addressing custody and parenting time. Making Kentucky the first state to enact a child custody law with a rebuttable presumption of permanent joint legal custody and equal parenting time. As a first of its kind statute, the effects on domestic relations cases could be monumental.
It is critical for attorneys and parents to understand the changes to Kentucky’s domestic relations laws. For some, the presumption for joint custody and equal parenting time will decrease conflict and help achieve a positive outcome for parents and, most importantly, children.
However, equal parenting is not in the best interest of children in every case. In those cases, it is important to have an attorney that understands what is required to overcome the presumption of equal. Divorcing parents will want to select an attorney who makes a point to stay up to date on rulings from judges regarding what factors and specific circumstances are necessary to meet the burden of overcoming the presumption.