Ky. Rev. Stat. » Chapter 403
Kentucky Revised Statutes

Ky. Rev. Stat. § 403.330 (2026)

Judicial supervision of custody decree or agreement

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing, finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian's authority, the child's physical health would be endangered or his emotional development significantly impaired. (2) If both parents or all contestants agree to the order, or if the court finds that in the absence of the order the child's physical health would be endangered or his emotional development significantly impaired, the court may order the local probation, another appropriate local entity, or if currently involved in the case, the child welfare department to exercise continuing supervision over the case to assure that the custodial or visitation terms of the decree are carried out. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 338, sec. 1, effective July 15, 1998. -- Created 1972 Ky. Acts ch. 182, sec. 23.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1973–2025 · leading case: Wireman v. Perkins, 229 S.W.3d 919 (Ky. Ct. App. 2007).
Sort: Relevance Newest Treatment
Wireman v. Perkins, 229 S.W.3d 919 (Ky. Ct. App. 2007). · cites it 13× “Wireman relies upon KRS 403.330, which provides in pertinent part that [e]xcept as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including h[er] education, health care, and religious training,…”
Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). · cites it 3× “KRS 403.330(1) ("Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child’s upbringing, including his education, health care, and religious training, unless the court after hearing, finds, upon motion by the…”
Burchell v. Burchell, 684 S.W.2d 296 (Ky. Ct. App. 1984). · cites it 4× “KRS 403.330 confers a right to determine a child's education on the child's custodial parent unless the parents agree otherwise in writing.”
Wilhelm v. Wilhelm, 504 S.W.2d 699 (Ky. Ct. App. 1973). · cites it 2× “The appeal is by Roberta, who complains that the visitation rights awarded Morris are too liberal, that under KRS 403.330 (1) the right granted him to enroll the children in the Jewish Day School was not authorized; that the amount fixed for support payments is insufficient; and…”
Wilson v. Messinger, 840 S.W.2d 203 (Ky. 1992). · cites it 2× “Citing the custodial parent's discretion under KRS 403.330 concerning the child's education, the circuit court refused to adopt the Commissioner's recommendation regarding modification of visitation.”
Robert Andrew Sharp v. Robbin Nelson (Ky. Ct. App. 2022). · cites it 4× “7 Robert also argues KRS 403.330 does not prevent him from accessing school records.”
Robert Mangine v. Kristen Mangine (Ky. Ct. App. 2024). · cites it 3× “340, we assume this was a typographical error, as it quoted language from KRS 403.330, the relevant statute, which provides in relevant part: “Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child’s…”
Arron J. Haubner v. Jamie E. Haubner (Ky. Ct. App. 2025). · cites it 3× “4 Kentucky Rules of Civil Procedure. -3- order is voidable because Jamie’s motion did not comply with KRS5 403.”
Joleen Brenda Gonzalez Formerly Known as Joleen B. Dooley v. Andre W. Dooley (Ky. Ct. App. 2020). · cites it 2× “KRS 403.330(1).6 The family court’s determination regarding where Child is to sleep is an abuse of discretion because, at the time of the hearing, it was not supported by substantial evidence that allowing Child to sleep with Joleen would endanger his physical health or…”
Marsha Swan v. George Gatewood (Ky. Ct. App. 2023). “Having reached this conclusion, we need not address whether the Agreement was subject to modification under KRS 403.330 or KRS 403.340. Mother next argues that the Family Court abused its discretion by awarding attorney fees to Father.”
John Paul Kutter v. Tara Cutter (Ky. Ct. App. 2024). “But because the parties in this case expressly agreed on the particular school Children would attend, a school that encompasses both education and religion, the provisions of KRS 403.330(1) do not apply in this case.”
Klopp v. Klopp, 763 S.W.2d 663 (Ky. Ct. App. 1988). · cites it 2× “KRS 403.330 provides that such decisions are within the sole province of the custodial parent “unless the court after a hearing, finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian’s authority, the child’s physical health…”
— Ky. Rev. Stat. § 403.330(1) — 6 cases
Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). “KRS 403.330(1) ("Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child’s upbringing, including his education, health care, and religious training, unless the court after hearing, finds, upon motion by the…”
Wilhelm v. Wilhelm, 504 S.W.2d 699 (Ky. Ct. App. 1973). “The appeal is by Roberta, who complains that the visitation rights awarded Morris are too liberal, that under KRS 403.330 (1) the right granted him to enroll the children in the Jewish Day School was not authorized; that the amount fixed for support payments is insufficient; and…”
Joleen Brenda Gonzalez Formerly Known as Joleen B. Dooley v. Andre W. Dooley (Ky. Ct. App. 2020). “KRS 403.330(1).6 The family court’s determination regarding where Child is to sleep is an abuse of discretion because, at the time of the hearing, it was not supported by substantial evidence that allowing Child to sleep with Joleen would endanger his physical health or…”
Robert Mangine v. Kristen Mangine (Ky. Ct. App. 2024). “340, we assume this was a typographical error, as it quoted language from KRS 403.330, the relevant statute, which provides in relevant part: “Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child’s…”
John Paul Kutter v. Tara Cutter (Ky. Ct. App. 2024). “But because the parties in this case expressly agreed on the particular school Children would attend, a school that encompasses both education and religion, the provisions of KRS 403.330(1) do not apply in this case.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.