(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
Stephanie Rose (f/N/A Ayo) v. Darryl Ayo (2025)
kyctapp
“The first two were orders of temporary custody pursuant to KRS 403.280. The third order, that from which Rose brought this appeal, was an order of permanent custody pursuant to KRS 403.”
Bartholomew Marshall v. Tiffany Marshall (2025)
kyctapp
““Prior to entry of a custody decree, a [circuit] court may enter temporary custody orders pursuant to KRS 403.280, and may determine timesharing/visitation pursuant to KRS 403.”
Wesley Smallwood v. Jade Alexander Smallwood (2025)
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.”
Jordan Rein Kline v. Katrena D. Cole (2025)
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.”
Jason Howard v. Elizabeth Taylor Howard (Now Grider) (2025)
kyctapp
“The situation is different prior to the entry of a decree, when “a court may enter temporary custody orders pursuant to KRS 403.280, and may determine -7- timesharing/visitation pursuant to KRS 403.”
David Lemaster v. Kendra Stiltner (2023)
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.”
Jason Fuller v. Trista Fuller (2023)
kyctapp
“-5- Father’s first argument is: “The Family Court Failed to Comply with KRS 403.280 and 403.270 and Uphold Procedural Due Process When Issuing a Temporary Custody Order With No Hearing.”
Rachel Sizemore v. Virgil R. Hutton (2023)
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.”
Antwan Miles v. Lyndsay Skaggs (2023)
kyctapp
“6 5 Antwan also makes arguments related to KRS 403.280, but because this statute pertains to temporary custody orders that are inapplicable to this appeal, we decline to address these arguments.”
Miralem Bekric v. Allison Bekric (2022)
kyctapp · cites it 2×
“See KRS 403.280(7), which provides that if a dissolution action is dismissed, a parent may “move[] that the proceeding[s] continue as a custody proceeding[.”
— Ky. Rev. Stat. § 403.280(2) — 1 case
— Ky. Rev. Stat. § 403.280(4) — 1 case
— Ky. Rev. Stat. § 403.280(6) — 2 cases
— Ky. Rev. Stat. § 403.280(7) — 1 case
Miralem Bekric v. Allison Bekric (2022)
kyctapp
“See KRS 403.280(7), which provides that if a dissolution action is dismissed, a parent may “move[] that the proceeding[s] continue as a custody proceeding[.”
— Ky. Rev. Stat. § 403.280(8) — 1 case
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