A parenting plan in Kentucky is a written agreement that divides legal custody, physical custody, and parenting time between parents under Ky. Rev. Stat. § 403.270. Kentucky law presumes that joint custody and equally shared (50/50) parenting time serve the child's best interest, a rebuttable presumption you can confirm or modify through your plan.
Key Facts: Parenting Plans in Kentucky
| Factor | Kentucky Requirement |
|---|---|
| Filing Fee | $113-$250 (varies by county; ~$148 typical) |
| Waiting Period | 60 days living apart before decree (KRS § 403.170) |
| Residency Requirement | 180 days in Kentucky before filing (KRS § 403.140) |
| Grounds | No-fault only: marriage irretrievably broken |
| Custody Standard | Best interests of child, 50/50 presumption (KRS § 403.270) |
| Property Division Type | Equitable distribution (KRS § 403.190) |
As of March 2026. Verify the filing fee with your local Circuit Court Clerk, as fees are set at the county level and change periodically.
What Is a Parenting Plan in Kentucky?
A parenting plan in Kentucky is a court-approved document that establishes how separated or divorcing parents will share legal custody, physical custody, and parenting time for their children. Under Ky. Rev. Stat. § 403.270, Kentucky courts presume that joint custody and equally shared parenting time serve a child's best interest, making the parenting plan the central instrument for confirming or adjusting that 50/50 starting point.
The parenting plan addresses two distinct components of custody. Legal custody governs decision-making authority over major issues including education, healthcare, and religious upbringing. Physical custody, also called parenting time, governs where the child lives and the day-to-day residential schedule. A complete Kentucky parenting plan resolves both. Most plans also include a holiday schedule, a vacation schedule, transportation and exchange logistics, communication rules, and a dispute-resolution method. When parents submit an agreed plan that adequately provides for the child's welfare, the court typically approves it and adopts it as a binding order. This guide explains how to build a parenting plan Kentucky judges will accept under the state's 2018 shared-parenting reforms.
Kentucky's 50/50 Custody Presumption Explained
Kentucky became the first U.S. state to establish a statutory presumption favoring 50/50 parenting time when House Bill 528 amended Ky. Rev. Stat. § 403.270 in 2018. The statute creates a rebuttable presumption, confirmed in the 2021 amendment (effective June 29, 2021), that joint custody and equally shared parenting time serve the best interest of the child. A parent seeking a different arrangement must overcome this presumption by a preponderance of the evidence.
The presumption functions as a legal starting line rather than a guaranteed outcome. Every Kentucky custody case begins with the assumption that an equal split is appropriate. A parent who wants something other than 50/50 carries the burden of proof to show, by a preponderance of the evidence, that equal parenting time would not serve the child's welfare. Mere allegations or unsupported claims are insufficient to rebut the presumption. When a court does deviate from equal time, the statute requires it to construct a parenting time schedule that maximizes the time each parent has with the child while protecting the child's welfare. This means even a non-equal custody agreement Kentucky courts approve must still favor substantial involvement from both parents, rather than defaulting to a traditional primary-residence model.
The 11 Best-Interest Factors Kentucky Courts Apply
Kentucky courts evaluate custody and parenting time using the best-interest factors listed in Ky. Rev. Stat. § 403.270(2), with no single factor automatically controlling the outcome. Equal consideration is given to each parent and to any de facto custodian. The statute directs judges to weigh all relevant evidence about the child's living situation, relationships, and safety before approving any co-parenting schedule.
The statutory factors a Kentucky judge considers include the following:
- The wishes of the child's parent or parents and any de facto custodian as to custody
- The wishes of the child, with weight given to any parental influence over those wishes
- The interaction of the child with parents, siblings, and others affecting the child's interests
- The motivation of the adults participating in the proceeding
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- The distance between the parents' residences and the practical considerations of equal parenting time
- Any history of domestic violence, abuse, or neglect under Ky. Rev. Stat. § 403.720
- The intent of the parents in placing the child with a de facto custodian
- The circumstances under which the child was placed with a de facto custodian
- The likelihood each party will allow frequent, meaningful, continuing contact with the other parent
This list is non-exhaustive, and courts may consider any relevant factor. The factors guide the judge's overall impression rather than functioning as a point-scored checklist.
Types of Custody Arrangements in Your Plan
Kentucky parenting plans typically establish joint legal custody combined with one of several physical parenting time schedules, with 50/50 arrangements being the statutory default under Ky. Rev. Stat. § 403.270. Common equal-time schedules include alternating weeks, the 2-2-3 rotation, and the 5-2-2-5 arrangement, each distributing roughly 182 overnights per year to each parent. Your custody agreement should specify the exact rotation.
The parenting time schedule you choose affects both your child's stability and your child support calculation. Kentucky's child support guidelines incorporate parenting time when both parents have at least 20 percent of overnights, which is approximately 73 nights per year. The table below compares common Kentucky parenting time schedules:
| Schedule | Overnight Split | Best Suited For |
|---|---|---|
| Alternating weeks | 50/50 (~182 nights each) | Older children, parents living close |
| 2-2-3 rotation | 50/50 (~182 nights each) | Younger children needing frequent contact |
| 5-2-2-5 | 50/50 (~182 nights each) | School-age children, predictable weekdays |
| Every other weekend + one weeknight | ~80/20 (~73-80 nights) | Long distances, work-schedule constraints |
| Supervised parenting time | Varies | Safety concerns, abuse or neglect findings |
When equal time is not feasible because of distance, work schedules, or a child's needs, Kentucky courts aim for the closest practical approximation to equal time. Courts generally regard an 80/20 split as a minimum where both parents are fit.
Required Elements of a Kentucky Parenting Plan
A complete Kentucky parenting plan must address legal custody, a residential parenting time schedule, holiday and vacation allocation, and a dispute-resolution process to gain court approval under Ky. Rev. Stat. § 403.270. Plans that fail to provide adequately for the child's welfare risk rejection, so thoroughness matters. A well-drafted parenting plan Kentucky judges approve anticipates conflicts before they arise.
Your parenting plan should include the following core provisions. First, a legal custody designation stating whether decision-making is joint or sole, and how parents will resolve disagreements over education, healthcare, and religion. Second, a detailed parenting time schedule specifying the regular weekly rotation, exchange times, and exchange locations. Third, a holiday and special-occasion schedule that alternates or splits Thanksgiving, winter break, spring break, birthdays, and other significant days. Fourth, a summer or extended-vacation schedule. Fifth, transportation responsibilities identifying who handles pickups and drop-offs. Sixth, communication rules governing phone, video, and text contact during the other parent's time. Seventh, a relocation clause and a dispute-resolution method such as mediation. Many Kentucky courts also require parents of minor children to complete a parenting education class costing $25-$50 before the decree is entered.
How to File Your Parenting Plan with the Court
Parents file a parenting plan in Kentucky by submitting it with their dissolution petition or custody petition to the Circuit Court Clerk in the county where the residency requirement is met, paying a filing fee of $113 to $250 as of March 2026. Only one spouse must have lived in Kentucky for 180 days before filing under Ky. Rev. Stat. § 403.140. The court cannot enter a decree until the parties have lived apart for 60 days under Ky. Rev. Stat. § 403.170.
The filing process follows a structured sequence. You begin by filing the Petition for Dissolution of Marriage or a custody petition, attaching your proposed parenting plan and a Civil Summons (Form AOC-105). You arrange service of process on the other parent through the sheriff ($50-$100), a private process server ($75-$150), certified mail, or a signed waiver of service. Both parents exchange preliminary financial disclosures, typically within 45 days. When parents agree, they submit a joint parenting plan that the court reviews for the child's welfare and adopts as an order. When parents disagree, the court may order mediation, which runs $125-$200 per hour in many Kentucky counties, before holding a hearing. If you cannot afford the filing fee, you may request a waiver by filing a Motion to Proceed In Forma Pauperis (Form AOC-026/AOC-205); eligibility generally requires income below 200 percent of the federal poverty guidelines or receipt of means-tested public benefits. Verify current fees with your local clerk, as amounts vary by county.
Modifying a Kentucky Parenting Plan After the Decree
Kentucky imposes a two-year waiting period before most parenting plan modifications under Ky. Rev. Stat. § 403.340, after which a parent must show a material change in circumstances serving the child's best interest. Within the first two years after a custody decree, a parent may file a modification motion only by showing, through sworn affidavits, that the child's present environment seriously endangers the child or that the custodial parent placed the child with a de facto custodian.
The two-year bar protects children from repetitive custody litigation and promotes stability. After two years have passed since the most recent custody decree, the standard relaxes: a parent may petition to modify the parenting plan by demonstrating a material change in circumstances and proving that the proposed modification serves the child's best interest under the Ky. Rev. Stat. § 403.270(2) factors. Common grounds for modification include a parent's relocation, a significant change in work schedules, a change in the child's needs as they age, evidence of endangerment, or a parent's repeated interference with the other parent's parenting time. Parenting time adjustments, as distinct from full custody changes, may face a less restrictive standard. Parents who agree on changes can submit an agreed modified parenting plan for court approval without litigating, which saves substantial time and expense compared with a contested modification hearing.
Domestic Violence and the Custody Presumption
Kentucky's 50/50 parenting time presumption does not apply against a parent who has had a domestic violence order entered against them under Ky. Rev. Stat. § 403.315. When a domestic violence order is being or has been entered against a party, the statutory presumption that joint custody and equally shared parenting time serve the child's best interest is removed as to that party, and the court weighs all best-interest factors individually.
This exception reflects a deliberate legislative judgment that shared-parenting defaults should not override child safety. Even when the presumption is removed, the court does not automatically deny the offending parent all contact. Instead, the judge evaluates the full set of Ky. Rev. Stat. § 403.270(2) best-interest factors to determine an appropriate arrangement, which may include supervised parenting time, where a neutral third party must be present during visits. Courts may also issue a Parenting Conduct Order (Form AOC-242) that prohibits behaviors such as asking the child to keep secrets, discussing the litigation with the child, or interfering with the child's affection for the other parent. If you are experiencing domestic violence, contact the National Domestic Violence Hotline at 1-800-799-7233 or call 911 in an emergency before proceeding with any parenting plan negotiation.
De Facto Custodians and Non-Parent Standing
A de facto custodian in Kentucky is a non-parent who has served as the child's primary caregiver and financial provider, granting them parental standing in custody proceedings under Ky. Rev. Stat. § 403.270. To qualify, the person must prove by clear and convincing evidence that the child lived with them for at least six months if the child is under three years old, or at least one year if the child is three or older.
The de facto custodian doctrine recognizes that grandparents, relatives, or other caregivers sometimes assume the central parenting role in a child's life. Once a court determines that a person meets the statutory definition, that person receives the same standing in custody matters as a parent. This means a de facto custodian can participate in crafting a parenting plan, request parenting time, and be considered under the best-interest factors with equal weight. The clear-and-convincing-evidence standard is deliberately demanding, requiring proof substantially stronger than the preponderance standard used elsewhere in custody cases. A parenting plan involving a de facto custodian must account for that person's role alongside the biological parents, and the court allocates parenting time and decision-making among all parties with standing based on the child's best interest.