Kentucky 50/50 custody law: the equal parenting-time presumption explained (2026)

Yes — Kentucky law starts from a presumption that joint custody and equally shared parenting time is in a child's best interests, and the judge who applies it sits in the family court division of Circuit Court. KRS 403.270(2) makes it rebuttable: a parent who wants something different must persuade the court by a preponderance of the evidence, the ordinary civil standard. Even where the court departs from equal time, it must build the schedule that maximises each parent's time.

Since 15 July 2026 a court must consider allegations of domestic violence and of child abuse, and make written findings on their impact, before any other best-interest factor — and where it finds two or more acts of abuse against another party, the presumption turns around. Separately, a 2026 bill that would delete the presumption sits in committee; it is not law.

What Kentucky law actually says

Kentucky's custody statute is KRS 403.270, and its official title names the rule outright: “Custodial issues -- Best interests of child to be determining factor -- Rebuttable presumption that joint custody and equally shared parenting time is in child's best interests -- De facto custodian.” The version in force is effective 15 July 2026.

The operative sentence is subsection (2): “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 interests of the child.” One presumption carries two things — joint custody, meaning shared decision-making, and equally shared parenting time, the residential schedule itself.

The standard of proof matters. A preponderance of the evidence means more likely than not. Kentucky does use the tougher clear-and-convincing standard inside the same section, but only to establish de facto custodian status — not to rebut the presumption. Rebutting it does not hand the court a blank sheet: “If a deviation from equal parenting time is warranted, the court shall construct a parenting time schedule which maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child's welfare.”

None of this is new. The presumption was created by House Bill 528 of the 2018 Regular Session (2018 Ky. Acts ch. 198), signed 26 April 2018 and effective 14 July 2018. It reaches existing cases too: KRS 403.340(5) applies the same presumption, on the same standard, when a court modifies a custody decree. A parent granted neither custody nor shared parenting time under it is still entitled to reasonable visitation unless visitation would seriously endanger the child.

Sources: [1], [3], [4], [8]

How a Kentucky court works through it

Since 15 July 2026 the order of the analysis is set by statute, and it does not start with the best-interest factors. The court must first consider any allegations of domestic violence and abuse, and of an abused or neglected child, and make written findings on their impact — the statute says it does this “prior to consideration of any other factors enumerated in subsection (4)”.

Two provisions can switch the presumption off or turn it around. KRS 403.315(1) disapplies it as to a party against whom a domestic violence order is being or has been entered. KRS 403.315(2), added in 2026, creates a reverse presumption — also rebuttable by a preponderance — that joint custody and equally shared parenting time is not in the child's best interests where the court finds two or more acts of domestic violence and abuse committed by a party against another party. A party with those findings cannot be awarded custody or unsupervised visitation until they complete a batterer's intervention programme, parenting classes, assessments and any recommended treatment, and have taken part in supervised visitation.

Only then does the court reach the other factors. KRS 403.270(4) lists twelve, and the list is open-ended. They cover the parents' and the child's wishes; the child's relationships; the adults' motivation; the child's adjustment and proximity to home, school and community; mental and physical health; a finding of domestic violence; a maliciously false allegation of abuse; care by a de facto custodian; and how likely each party is to allow frequent, meaningful, continuing contact with the other parent. Custody itself is decided by the family court division of Circuit Court.

Sources: [1], [2], [7]

What equal time looks like, and what it does to support

The statute presumes equal time; it does not prescribe a rhythm. Alternating weeks, a 2-2-3 rotation and a 2-2-5-5 pattern all reach the same yearly balance from very different weeks. Our guide to 50/50 custody schedules sets the common patterns side by side, worked schedule examples show how each falls across a month, and the custody schedule planner turns a pattern into dated days.

How that time is counted is where Kentucky differs from many states. For child-support purposes the statute counts days, and a day means more than 12 consecutive hours in a 24-hour period during which one parent has care, control or direct supervision of the child. It is not an overnight count, and the two do not automatically agree.

Support also does not disappear at 50/50. The guidelines in KRS 403.212 are themselves a rebuttable presumption for the amount of support, and KRS 403.2122 — created in 2024 — then applies a shared parenting time credit once a parent reaches 88 qualifying days a year. The chart runs 88–115 days at 15%, then 20.5%, 25%, 30.5%, 36%, 42%, 48.5%, and 50% at 182–182.5 days. Where both parents actually exercise equal shared parenting time, the parent with the higher gross monthly income is deemed the obligor. The credit cannot be applied together with the self-support reserve.

How often Kentucky orders actually land on equal time is not something we can source: no state-level breakdown was available from the Kentucky Court of Justice when this page was last checked, so this page publishes no figure. Our custody statistics page collects the national data that exists.

Sources: [6], [9]

Kentucky terms you will meet in an order

• Joint custody — shared decision-making authority for the child; one half of what the presumption covers, the schedule being the other.
• Equally shared parenting time — the residential schedule the statute presumes: equal periods with each parent. Parents call it 50/50.
• Shared parenting time credit — the child-support reduction in KRS 403.2122 for a parent with 88 or more qualifying days a year.
• Day — for that credit only, more than 12 consecutive hours in a 24-hour period under one parent's care, control or direct supervision. Kentucky counts hours here, not overnights.
• De facto custodian — a non-parent who has been the child's primary caregiver and financial supporter for a statutory minimum period, proved by clear and convincing evidence — a higher bar than rebutting the presumption.
• Domestic violence order (DVO) — an order under KRS Chapter 403. While one is being or has been entered against a party, the equal-time presumption does not apply as to that party.

Sources: [1], [2], [6]

Recent changes in Kentucky

• 15 July 2026 In force

  Domestic-violence screening moves first, and a reverse presumption after repeated abuse (SB 122)

  2026 Ky. Acts ch. 92 — Senate Bill 122, signed 10 April 2026 — changed two things. Allegations of domestic violence and abuse, and of an abused or neglected child, must now be considered, with written findings on their impact, before any other best-interest factor. And where the court finds two or more such acts committed by a party against another party, joint custody and equal parenting time are presumed not to be in the child's best interests, with custody and unsupervised visitation gated behind a batterer's intervention programme, assessments and supervised visitation.

  Official source: 2026 Ky. Acts ch. 92 (SB 122), enrolled

• 29 January 2026 Bill pending in committee

  HB 460 would delete the presumption

  House Bill 460 of the 2026 Regular Session would amend KRS 403.270, 403.280, 403.315 and 403.340 to remove the presumption in favour of joint custody and equal parenting time. It was introduced on 21 January 2026 and referred to the House Families & Children committee on 29 January 2026, with no action recorded since. It is a pending bill and changes nothing unless it passes.

  Official source: HB 460 (2026 RS) official record

• 1 July 2025 In force

  The current version of the child-support guidelines

  The version of KRS 403.212 in force since 1 July 2025 carries the guideline table Kentucky support awards are calculated from. Those guidelines are a rebuttable presumption for the amount of support — the starting point to which a shared parenting time credit is then applied.

  Official source: KRS 403.212, effective 1 July 2025

• 26 February 2025 Died in committee

  HB 597, an identical repeal attempt, went no further

  House Bill 597 of the 2025 Regular Session carried the same official summary as HB 460 — remove the presumption in favour of joint custody and equal parenting time. It was referred to the House Judiciary committee on 26 February 2025 and never reported out, so it did not become law.

  Official source: HB 597 (2025 RS) official record

• 15 July 2024 In force

  A shared parenting time credit replaces the old child-support section

  2024 Ky. Acts ch. 219 — House Bill 244, signed 19 April 2024 — created KRS 403.2122 and repealed KRS 403.2121. A parent needs 88 qualifying days a year before any credit applies, and the chart runs from 15% at 88–115 days to 50% at 182–182.5 days. At genuinely equal time the higher earner is deemed the obligor, and the credit cannot be applied together with the self-support reserve.

  Official source: KRS 403.2122, effective 15 July 2024

Kentucky equal parenting time: common questions

Sources