disabled children -- De facto custodian.
(1) The father and mother shall have the joint custody, nurture, and education of their
children who are under the age of eighteen (18). If either of the parents dies, the
survivor, if suited to the trust, shall have the custody, nurture, and education of the
children who are under the age of eighteen (18). The father shall be primarily liable
for the nurture and education of his children who are under the age of eighteen (18)
and for any unmarried child over the age of eighteen (18) when the child is a full-
time high school student, but not beyond completion of the school year during
which the child reaches the age of nineteen (19) years.
(2) The father and mother shall have the joint custody, care, and support of their
children who have reached the age of eighteen (18) and who are wholly dependent
because of permanent physical or mental disability. If either of the parents dies, the
survivor, if suited to the trust, shall have the custody, care, and support of such
children.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a person
claiming to be a de facto custodian, as defined in KRS 403.270, may petition a court
for legal custody of a child. The court shall grant legal custody to the person if the
court determines that the person meets the definition of de facto custodian and that
the best interests of the child will be served by awarding custody to the de facto
custodian.
(4) Notwithstanding the provisions of subsections (1) and (2) of this section, if either
parent dies and at the time of death a child is in the custody of a de facto custodian,
as defined in KRS 403.270, the court shall award custody to the de facto custodian
if the court determines that the best interests of the child will be served by that
award of custody.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 250, sec. 6, effective July 15, 1998. -- Amended
1992 Ky. Acts ch. 434, sec. 4, effective July 14, 1992. -- Amended 1986 Ky. Acts ch.
360, sec. 1, effective July 15, 1986. -- Amended 1968 Ky. Acts ch. 100, sec. 19. --
Amended 1952 Ky. Acts ch. 138, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2016.
Notes of Decisions
Cited in
112
cases (
16 in the last 5 years), 1943–2026 · leading case:
Moore v. Asente
Moore v. Asente (2003)
ky · cites it 12×
“The court then entered a judgment holding that the Asentes did not have standing to pursue custody of Justin: The Court determines, pursuant to KRS Chapter 403 and KRS 405.020, natural parents are presumed to be fit and are entitled to custody of their children, and although the…”
Bartley v. Commonwealth (2013)
ky · cites it 10×
“In addition to providing that “[t]he father and mother shall have the joint custody, nurture, and education of their children who are under the age of eighteen (18),” KRS 405.020(1), it also provides that “[t]he father and mother shall have the joint custody, care, and support…”
Greathouse v. Shreve (1995)
ky · cites it 14×
“" Bobby Greathouse appealed on grounds the evidence was wholly insufficient to award custody to the mother, Sookie Shreve, using the best interests standard as between natural father and natural mother, and that his superior right to custody under KRS 405.020 applies as between…”
Smothers v. Baptist Hospital East (2015)
kyctapp · cites it 9×
“Smothers subsequently moved to vacate the February 10 order, contending the trial court erred in failing to rule on the constitutionality of KRS 405.020; reiterating his previous arguments related to that statute; positing the trial court improperly imposed a financial burden…”
Vinson v. Sorrell (2004)
ky · cites it 4×
“270 provides: As used in this chapter and KRS 405.020, unless the context requires otherwise, "de facto custodian" means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who has resided with…”
Fitch v. Burns (1989)
ky · cites it 6×
“Recognizing that KRS 405.020 entitled the father, Joseph Fitch, to custody of the children unless proved not "suited to the trust" (KRS 405.”
Shifflet v. Shifflet (1995)
ky · cites it 6×
“340(2) in deciding custody, rather than recognizing the superior right of the parent (KRS 405.020), on the fact that when Ginger and Robert were divorced in 1985, by agreement the decree of dissolution granted "temporary custody of Robin .”
Mullins v. Picklesimer (2010)
ky · cites it 2×
“KRS 405.020 and KRS 403.270, our custody statutes, provide standing in child custody claims only for parents and de facto custodians.”
Reynardus v. Garcia (1968)
kyctapphigh · cites it 9×
“KRS 405.020 was not relied upon and the facts are completely different, particularly in that the child had been with the grandparents from the time he was three months old and when the father began his efforts to gain the custody of his child he had reached twelve years of age.”
Staples v. Commonwealth (2014)
ky · cites it 2×
“Though the plurality also cited and discussed other statutes — KRS 405.020 (the nurturing statute), and KRS 508.”
In Re Smither (1996)
kywb · cites it 2×
“212 and KRS 405.020. In addition, as regards future child support, the Court holds that Victor shall be obligated to provide child support for the younger son if the younger son also performs his religious mission.”
— Ky. Rev. Stat. § 405.020(1) — 31 cases
Greathouse v. Shreve (1995)
ky
“" Bobby Greathouse appealed on grounds the evidence was wholly insufficient to award custody to the mother, Sookie Shreve, using the best interests standard as between natural father and natural mother, and that his superior right to custody under KRS 405.020 applies as between…”
Smothers v. Baptist Hospital East (2015)
kyctapp
“Smothers subsequently moved to vacate the February 10 order, contending the trial court erred in failing to rule on the constitutionality of KRS 405.020; reiterating his previous arguments related to that statute; positing the trial court improperly imposed a financial burden…”
Vinson v. Sorrell (2004)
ky
“270 provides: As used in this chapter and KRS 405.020, unless the context requires otherwise, "de facto custodian" means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who has resided with…”
Bartley v. Commonwealth (2013)
ky
“In addition to providing that “[t]he father and mother shall have the joint custody, nurture, and education of their children who are under the age of eighteen (18),” KRS 405.020(1), it also provides that “[t]he father and mother shall have the joint custody, care, and support…”
Fitch v. Burns (1989)
ky
“Recognizing that KRS 405.020 entitled the father, Joseph Fitch, to custody of the children unless proved not "suited to the trust" (KRS 405.”
— Ky. Rev. Stat. § 405.020(2) — 11 cases
Bartley v. Commonwealth (2013)
ky
“In addition to providing that “[t]he father and mother shall have the joint custody, nurture, and education of their children who are under the age of eighteen (18),” KRS 405.020(1), it also provides that “[t]he father and mother shall have the joint custody, care, and support…”
— Ky. Rev. Stat. § 405.020(3) — 5 cases
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