Best interests standards of the child in Kentucky

According to FindLaw, Kentucky courts determine custody based on the "Best Interests of the Child" standard. "Best interests," in the context of child custody cases, means that the courts make all custody and visitation decisions and considerations with the overreaching goal of nurturing and developing the security, happiness, mental health and emotional development of the young person into adulthood. Most courts can agree that it is in a child's best interests to maintain a close and ongoing relationship with both parents. However, most courts also discover that they have a difficult time maintaining and promoting such relationships due to the practicalities of raising a child in two separate homes.

To aid Kentucky courts in their decision making, Kentucky Legislature has defined factors that make a person a "de facto custodian." Per 403.270, a de facto custodian is an individual who has demonstrated via convincing evidence to have been the main caregiver and financial backer of a child for at least half a year, or one year or more if the child is at least three years old. If and once the courts determine that a person qualifies as a de facto custodian, the courts will go on to consider the best interests of the child. In Kentucky, courts give equal consideration to each parent and any de facto custodian, biological parent or not.

Just as in all states, there are certain factors the state of Kentucky considers when deciding what kind of custodial arrangement is in a child's best interests. Some factors that the courts will consider include but are not limited to the following:

•       The interaction and connection between the child and his or her parents, siblings and other persons
•       The motivations of the adults who participate in the custody proceedings
•       The physical and mental wellbeing of the de facto custodians
•       The extent to which the de facto custodian has nurtured, supported and cared for the minor child
•       The child's continuing proximity to his or her home, school and community
•       The child's wishes

The courts will also take into consideration any charges of domestic violence against a de facto custodian, as well as the extent to which the domestic violence and abuse have affected the child and his or her relationship with each parent. Additionally, the courts will consider the likelihood that each parent will allow the child frequent, continuing and meaningful contact with the other parent.