Legal Question in Family Law in Kentucky

Absent a custody agreement, parents (who were married when the child was born and therefore there is a presumption of paternity) have the same rights. Either of the parents can take the child, and the police will not intervene without a court order. That's why custody orders are so important.

Under Kentuck law, each parent starts out with a presumption that they have equal and co-existing custody. That is what joint custody is; each parent has the same authority over the child and at the same time. So, absent some sort of court order, either parent has the right to have the child and they will hopefully cooperate in sharing the child's time for the sake of the child. If the parents cannot work well together and share, then the court has to step in and direct when each parent can be with the child.

Now, if a parent "takes" a child and refuses to share, the judge is likely to frown on thos actions, but is not illegal in the sense that a crime has been committed.