best interest of child inapplicable if domestic violence order entered against a
party.
When determining or modifying a custody order pursuant to KRS 403.270, 403.280,
403.340, or 403.740, the court shall consider the safety and well-being of the parties and
of the children. If a domestic violence order is being or has been entered against a party
by another party or on behalf of a child at issue in the custody hearing, the presumption
that joint custody and equally shared parenting time is in the best interest of the child
shall not apply as to the party against whom the domestic violence order is being or has
been entered. The court shall weigh all factors set out in KRS 403.270(2) in determining
the best interest of the child.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 198, sec. 5, effective July 14, 2018.
Notes of Decisions
Stephanie Rose (f/N/A Ayo) v. Darryl Ayo (2025)
kyctapp · cites it 9×
“The effect after addressing the KRS 403.315 considerations is that joint custody is implied, presumed, and continued in accordance with KRS 405.”
Mark W Carr v. Jessica J Carr (2022)
kyctapp · cites it 4×
“Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
Antwan Miles v. Lyndsay Skaggs (2023)
kyctapp · cites it 4×
“270 related to custody determinations; (2) KRS 403.315 and the applicability 4 Kentucky Revised Statute.”
Chris Sharp v. Jamiracle Watts (2026)
kyctapp · cites it 4×
“Generally, there is a rebuttable presumption, refutable by a preponderance of the evidence, that joint custody and equal parenting time is in the child’s best interest; however such presumption does not apply where a domestic violence order has been entered against one party KRS…”
Preston Brown v. Chaquisha Washington (2020)
kyctapp · cites it 3×
“Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
Rhonda Lawson v. Mark Kleinman (2022)
kyctapp · cites it 3×
“Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
James Monroe v. Emily Wright (2024)
kyctapp · cites it 2×
“270(2) provides in pertinent part: Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
Alyssa Baum v. Justin Aldava (2025)
ky · cites it 2×
“740(1)(e) specifically allows for the court to grant temporary custody of children, subject to KRS 403.315. In turn, KRS 403.315 removes the presumption that joint custody is in the best interest of a child when domestic violence has been found, stating in relevant part: 14 If a…”
Amber Henson v. Christopher Henson (2025)
kyctapp · cites it 2×
“KRS 403.315 (“If a domestic violence order is being or has been entered against a party by another party or on behalf of a child at issue in the custody hearing, the presumption that joint custody and equally shared parenting time is in the best interest of the child shall not…”
Dustin Wayne Little v. Keisha Nicole Little (2021)
kyctapp
“Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
Daniel Timothy Williams v. Alisha Dawn Williams (2021)
kyctapp
“Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child.”
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