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Kentucky Child Custody Factors

In Kentucky, 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.

Both parnets will be given equal consideration and the court shall consider all relevant factors including:

(1) The wishes of the child’s parent or parents, and any de facto custodian, as to his custody;

(2) The wishes of the child as to his custodian;

(3) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests;

(4) The child’s adjustment to his home, school, and community;

(5) The mental and physical health of all individuals involved;

(6) Information, records, and evidence of domestic violence;

(7) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;

(8) The intent of the parent or parents in placing the child with a de facto custodian; and

(9) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. (Kentucky Statutes - Title 35 - Chapters: 403.270)

In Kentucky, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about Kentucky child custody in the Kentucky state statutes located at: http://www.lrc.state.ky.us/.