What is a parenting plan in Kentucky?

A parenting plan is a written document in which parents set out how they will share custody and time with their children. In Kentucky it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. Kentucky describes the arrangement as custody and parenting time, and a Kentucky court decides both in the best interests of the child (Kentucky Revised Statutes Section 403.270(2)).

What does custody and parenting time mean in Kentucky?

In Kentucky, custody is the legal authority to make major decisions for the child and can be joint or sole, while parenting time is the schedule of time the child spends with each parent. Kentucky uses parenting time rather than the older word visitation. When a Kentucky court deviates from equal time, it must build a parenting time schedule that maximizes each parent's time with the child (KRS 403.270(2)).

What standard do Kentucky courts use to decide custody?

A Kentucky court determines custody in accordance with the best interests of the child and gives equal consideration to each parent (Kentucky Revised Statutes Section 403.270(2)). The court starts from the rebuttable presumption that joint custody and equally shared parenting time serve the child's best interests, then weighs the statutory factors, including each parent's wishes, the child's adjustment to home and school, and the health of everyone involved.

How can the joint-custody presumption be rebutted in Kentucky?

The Kentucky presumption in favor of joint custody and equally shared parenting time is rebuttable by a preponderance of the evidence (Kentucky Revised Statutes Section 403.270(2)). A parent must show that an equal arrangement is not in the child's best interest. If the court deviates from equal time, it must still construct a parenting time schedule that maximizes each parent's time with the child, consistent with the child's welfare.

Do I have to take a parenting class to file a parenting plan in Kentucky?

Kentucky does not have a single statewide statute requiring a parenting-education class in every case. Where a class or co-parenting seminar is required, it comes from the local Family Court rules of the circuit where the case is filed, not a statewide statute, so check the local rules. A Kentucky parenting plan still needs to set out custody and the parenting-time schedule the parents propose (KRS 403.270(2)).

Kentucky Parenting Plan

Q: What is the difference between a parenting plan and a custody order in Kentucky?

In Kentucky a parenting plan is the written arrangement the parents propose, while a custody order is what the court enters. Kentucky does not require a single statewide parenting-plan form; custody and parenting time are set within the divorce or custody decree. When a Kentucky court adopts the parents' proposed arrangement, it becomes a binding order, decided in the best interests of the child under KRS 403.270(2).

Q: Does Kentucky presume joint custody and equal parenting time?

Yes. Kentucky applies a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is in the best interest of the child (Kentucky Revised Statutes Section 403.270(2)). A parent who wants a different arrangement must show, by a preponderance of the evidence, that equal joint custody or equal time would not serve the child's best interests.

A Kentucky parenting plan sets out custody and parenting time two parents ask the court to approve, under Kentucky's rebuttable presumption of joint custody and equally shared parenting time. Attorney review available.

Find out where you stand in Kentucky

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Introduction

A parenting plan is a written agreement that lays out how two parents will share custody and parenting time with their children, and it is used by parents who are divorcing, parents who were never married, and parents changing an existing Kentucky order. Kentucky's custody law is distinctive. A Kentucky court determines custody in accordance with the best interests of the child, giving equal consideration to each parent, and Kentucky law applies a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is in the best interest of the child (Kentucky Revised Statutes Section 403.270(2)). If a deviation from equal parenting time is warranted, the court must construct a parenting time schedule that maximizes the time each parent has with the child and is consistent with the child's welfare. Kentucky also uses the term parenting time rather than visitation. Custody can be joint or sole, and parenting time is the schedule of time the child spends with each parent. Kentucky does not require a single statewide statutory parenting-plan form; custody and parenting time are set within the divorce or custody decree, and parents commonly submit a proposed parenting schedule for the court to adopt. DocDraft builds your Kentucky parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
A parenting plan is a written document in which two parents set out custody and parenting time for their children, whether the parents are divorcing, were never married, or are changing an existing order.
2
Kentucky applies a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is in the best interest of the child (Kentucky Revised Statutes Section 403.270(2)).
3
A Kentucky court determines custody in accordance with the best interests of the child and gives equal consideration to each parent (KRS 403.270(2)).
4
Kentucky uses the term parenting time rather than visitation; parenting time is the schedule of time the child spends with each parent.
5
If a deviation from equal parenting time is warranted, a Kentucky court must construct a parenting time schedule that maximizes the time each parent has with the child and is consistent with the child's welfare (KRS 403.270(2)).
6
Kentucky custody can be joint or sole, and the presumption in favor of joint custody and equal time can be overcome only by a preponderance of the evidence.
7
Kentucky does not require a single statewide statutory parenting-plan form; custody and parenting time are set within the divorce or custody decree, and parents commonly submit a proposed parenting schedule for the court to adopt.

Key decisions before you file

Before you file a Parenting Plan in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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KENTUCKY PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to change an existing order. It sets out custody and parenting time the parents ask a Kentucky court to approve in the best interests of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Custody (decision-making). The parents will share [joint / sole to PARENT] custody. Kentucky law presumes that joint custody and equally shared parenting time is in the best interest of the child, and this plan reflects [joint custody with equal time / the arrangement the parents propose]. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while a child is in that parent's care and may authorize emergency medical treatment when needed.
Parenting time. The children will spend parenting time with each parent as follows. Kentucky uses the term parenting time rather than visitation. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with exchange times]. If the parents do not share time equally, this schedule is written to maximize each parent's time with the children.
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice before the planned move, so the parents can discuss the change or, if needed, ask the court to review custody and parenting time.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to court approval and is decided in the best interests of the child, under Kentucky's rebuttable presumption of joint custody and equally shared parenting time (Kentucky Revised Statutes Section 403.270(2)). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Kentucky Requirements for Parenting Plan

Custody and Parenting Time
Kentucky speaks of custody, which can be joint or sole, and parenting time, the schedule of time the child spends with each parent. Kentucky uses parenting time rather than the older word visitation. A Kentucky court decides both in the best interests of the child (Kentucky Revised Statutes Section 403.270(2)).
Presumption of Joint Custody and Equal Parenting Time
Kentucky applies a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is in the best interest of the child (KRS 403.270(2)). A parent who wants a different arrangement must show that equal joint custody or equal time would not serve the child's best interests.
Best Interests and Equal Consideration
A Kentucky court determines custody in accordance with the best interests of the child and gives equal consideration to each parent (KRS 403.270(2)). The court weighs the statutory factors, including each parent's wishes, the child's adjustment to home, school, and community, and the mental and physical health of everyone involved.
Schedule That Maximizes Each Parent's Time
If a deviation from equal parenting time is warranted, a Kentucky court must construct a parenting time schedule that maximizes the time each parent has with the child and is consistent with ensuring the child's welfare (KRS 403.270(2)). Your plan's schedule should reflect this Kentucky rule.
Custody Set in the Decree
Kentucky does not require a single statewide statutory parenting-plan form. Custody and parenting time are set within the divorce or custody decree, and parents commonly submit a proposed parenting schedule for the court to adopt. A clear written plan shows the court the arrangement the parents are asking it to approve.
Decision-Making Detail
Your Kentucky plan should state whether custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under joint custody both parents share these decisions, consistent with Kentucky's presumption in favor of joint custody (KRS 403.270(2)).
Parenting-Time Schedule
Your plan should set the parenting-time schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Because Kentucky presumes equally shared parenting time, describe how time is divided and, if it is not equal, how the schedule still maximizes each parent's time (KRS 403.270(2)).
Court Approval and Parenting Class
A Kentucky parenting plan takes effect only when the court approves it in the best interests of the child (KRS 403.270(2)). Any parenting-education class or co-parenting seminar requirement comes from the local Family Court rules of the circuit where the case is filed, not a statewide statute, so check the local rules.

Find out where you stand in Kentucky

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Kentucky Requirements for Parenting Plan

Custody and Parenting Time

Presumption of Joint Custody and Equal Parenting Time

Best Interests and Equal Consideration

Schedule That Maximizes Each Parent's Time

Custody Set in the Decree

Decision-Making Detail

Parenting-Time Schedule

Court Approval and Parenting Class

Frequently Asked Questions