(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 the basis of the affidavits. If the parents or a de
facto custodian joined under subsection (9) of this section present a temporary
custody agreement and mutually agreed plan for parenting time, and the court
confirms that the agreement adequately provides for the welfare of the child, the
agreement shall become the temporary custody order of the court.
(2) Subject to KRS 403.315, in making an order for temporary custody, there shall be a
presumption, rebuttable by preponderance of evidence, that it is in the best interest
of the child for the parents or a de facto custodian joined under subsection (9) of
this section to have temporary joint custody and share equally in parenting time.
(3) If a deviation from equal parenting time is warranted, the court shall construct a
parenting time schedule which maximizes the time each parent or de facto custodian
joined under subsection (9) of this section has with the child and is consistent with
ensuring the child's welfare.
(4) Each temporary custody order shall include specific findings of fact and conclusions
of law, except when the court confirms the agreement of the parties.
(5) Any temporary custody order shall address the circumstance in which physical
possession of the child will be exchanged.
(6) Modification of a temporary custody order may be sought when there is a material
and substantial change in the circumstances of the parents, de facto custodian, or
child.
(7) If a proceeding for dissolution of marriage or legal separation is dismissed, any
temporary custody order is vacated unless a parent or the child's custodian moves
that the proceeding continue as a custody proceeding and the court finds, after a
hearing, that the circumstances of the parents and the best interests of the child
require that a custody decree be issued.
(8) If a custody proceeding commenced in the absence of a petition for dissolution of
marriage or legal separation under KRS 403.822(1)(a) or (b) is dismissed, any
temporary custody order is vacated.
(9) If a court determines by clear and convincing evidence that a person is a de facto
custodian, the court shall join that person in the action, as a party needed for just
adjudication under Rule 19 of the Kentucky Rules of Civil Procedure.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 94, sec. 31, effective June 29, 2021. -- Amended
2018 Ky. Acts ch. 198, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch.
163, sec. 1, effective June 29, 2017. -- Amended 2004 Ky. Acts ch. 133, sec. 43,
effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 250, sec. 2, effective July 15,
1998. -- Created 1972 Ky. Acts ch. 182, sec. 18.
Notes of Decisions
Pennington v. Marcum (2008)
ky · cites it 2×
“Prior to entry of a decree, a court may enter temporary custody orders pursuant to KRS 403.280, and may determine timesharing/visitation pursuant to KRS 403.”
Anderson v. Johnson (2011)
ky
“That this statute refers to modification of final orders is supported by the existence of a separate, specific statute, KRS 403.280, which allows for temporary custody orders, and the fact that KRS 403.”
Frances v. Frances (2008)
ky
“The distinction is inherent in KRS 403.280, which provides that a court may enter temporary custody orders during a proceeding.”
Boone v. Ballinger (2007)
kyctapp
“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, 403.822, and 405.”
Consalvi v. Cawood (2001)
kyctapp
“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.”
London v. Collins (2007)
kyctapp
“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, 403.822, and 405.”
Jones v. Jones (2017)
kyctapp
“KRS 403.280(4). A de facto custodian is a person who proves by clear and convincing evidence to have been a child’s primary caregiver and financial supporter, for a period of six months (if the child is under three years old) or one year (for older children).”
Brumfield v. Stinson (2012)
kyctapp
“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, 403.822, and 405.”
Diaz v. Morales (2001)
kyctapp
“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.”
Sweat v. Turner (1976)
ky
“KRS 403.280. The Uniform Paternity Act is a horse of another color.”
Swiss v. Cabinet for Families and Children (2001)
kyctapp
“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.”
Davis-Johnson ex rel. Davis v. Parmelee (1999)
kyctapp
“021) vests district court with exclusive jurisdiction to determine paternity, circuit court is vested with exclusive jurisdiction to determine custody matters (KRS 403.280). These statutes are not conflicting, but address different needs.”
— Ky. Rev. Stat. § 403.280(2) — 1 case
— Ky. Rev. Stat. § 403.280(4) — 1 case
Jones v. Jones (2017)
kyctapp
“KRS 403.280(4). A de facto custodian is a person who proves by clear and convincing evidence to have been a child’s primary caregiver and financial supporter, for a period of six months (if the child is under three years old) or one year (for older children).”
— Ky. Rev. Stat. § 403.280(6) — 2 cases
— Ky. Rev. Stat. § 403.280(7) — 1 case
— Ky. Rev. Stat. § 403.280(8) — 1 case
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