Legal Question in Family Law in Kentucky

What is considered "Shared custody" and what are the qualifications?


Asked on 2/21/10, 7:12 pm

1 Answer from Attorneys

Cary Campbell Cary Campbell Law

The "qualifications" for any custody arrangement in KY is what is in "the best interests of the child." Take a look at the following link for some of the factors a court considers as part of its decision-making process for the "best interests" test. http://www.lrc.ky.gov/KRS/403-00/270.PDF

"Shared Custody" is the same thing as "Joint Custody" and can technically mean a couple different things. There are two main subsets of "Custody": legal custody and physical custody. Legal custody refers to who or whom have the decision making authority over the raising of the child. Physical custody essentially refers to who or whom the child lives with. You can have joint legal custody and joint physical custody, which generally means you have equal decision making authority and equal time with the child under your roof. Or you can have joint legal custody with one parent having sole physical custody and the other having visitation rights, which generally means you have equal decision making authority but with one parent being the primary residence of the child. Generally, you will not find a custody arrangement where one parent has sole legal custody but share joint physical custody.

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Answered on 2/27/10, 12:50 pm


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