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Legal Information: Kentucky

Custody

Updated: 
November 15, 2023

Who can file for custody?

Either parent can file for custody or a “de facto custodian” can file. “De facto custodian” means a person who has been the primary caregiver for, and financial supporter of, the child. Also, within the last two years, the child must have lived with this person for the following amount of time altogether:

  • if the child is under three years old, a total of six months or more;
  • if the child is three years or older or has been placed by the Department for Community Based Services, a total of one year or more.1

​Once a judge determines that a person meets the definition of de facto custodian, that person has the same right to file for custody that each parent has.2

1 KRS § 403.270(1)(a)
2 KRS § 403.270(1)(b)

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