How Domestic Violence Affects Child Custody in Kentucky

Kentucky courts believe that domestic violence has a significant, negative impact on children. Whether a child is abused or not, witnessing domestic violence in the household has long-lasting negative effects on the child’s well-being and future relationships. For this reason, Kentucky law requires that judges consider a parent’s domestic violence history when deciding custody.

Here's an overview of how Kentucky law defines domestic violence and how it affects custody decisions.

Child Custody in Kentucky

In all child custody cases, Kentucky courts must decide legal custody (who will make major decisions regarding the child’s education, health, and activities) and physical custody (where the child will live and how much time the child will spend with each parent).

Kentucky law starts by assuming that joint custody and equal parenting time are in the child's best interests. This is called a presumption. A parent can challenge this presumption with evidence that shows that a different arrangement would be better for the child. This presumption doesn't apply against a parent who has a domestic violence order against them (meaning a court has already found that parent committed domestic violence).

In deciding custody, a Kentucky judge considers all relevant factors, including:

• the parents’ wishes
• the child’s wishes
• the motivation of the adults involved in the proceeding
• the child’s relationship with parents, siblings, and any other person significantly affecting the child’s best interests
• the child’s adjustment to home, school, and community
• the mental and physical health of all individuals involved
• any evidence of domestic violence by either parent, and its effect on the child, and
• whether a parent will encourage frequent, meaningful contact between the child and the other parent (this factor doesn't apply if the parent committed domestic violence that would endanger the child or the other parent).

(Ky. Rev. Stat. §§ 403.270, 403.315, 403.320 (2026).)

What Is Domestic Violence?

Kentucky law defines domestic violence and abuse as physical injury, sexual abuse, stalking, strangulation, or assault (or the threat of any of those acts) between:

• family members
• members of the same household, or
• an unmarried couple.

It also includes certain acts against household pets when used to coerce, control, or intimidate a partner or household or family member.

(Ky. Rev. Stat. § 403.720(2)(a) (2026).)

What to Do When You're Experiencing Domestic Violence

If you're in immediate danger, call 911.

If you've been abused in the past and are afraid of future domestic violence, you can apply for a Domestic Violence Order (DVO), which offers protection from an abuser. A DVO may:

• prohibit the abuser from committing any further domestic violence
• restrain the abuser from any contact with the abused parent
• prohibit the abuser from damaging the abused parent’s property
• evict the abuser from the household
• prohibit the abuser from going within 500 feet of the school, residence, or place of employment of the abused parent or abused parent’s family
• grant the abused parent temporary custody of any children
• order the abuser to pay child support, and
• order the abuser to wear a GPS monitoring device.

To apply for a protective order, go to your county circuit court clerk’s office and request the forms to apply for an Emergency Protective Order (EPO). An EPO lasts up to 14 days, during which time the court will schedule a hearing to decide if you need further protection.

You and the abuser must both appear for the protective order hearing. If the judge finds that domestic violence has occurred and may occur again, the judge will issue a DVO, which lasts up to three years and can be renewed for additional three-year periods with no limit on the number of renewals.

Violating the DVO is a criminal offense that can be punished with fines and jail or prison.

Kentucky's statewide domestic violence coalition, ZeroV, and the National Domestic Violence Hotline (1-800-799-7233) both offer 24-hour help and other resources. Here's a list of shelters and other survivor resources in Kentucky.

(Ky. Rev. Stat. §§ 403.211, 403.213, 403.270, 403.315, 403.725, 403.730, 403.740, 403.745, 403.761, 403.763 (2026).)

Impact of Domestic Violence on Custody Decisions

Kentucky courts must consider how domestic violence has affected the child and the child’s relationship with each parent before awarding custody. Both parents must notify the judge of any civil or criminal proceedings involving domestic violence, protective orders, or termination of parental rights.

The court can order a third-party investigation into a child’s potential custody arrangements and can keep the results of the investigation private if necessary to protect the child’s well-being.

If a parent leaves a child with the other parent to escape domestic violence, the court won’t count that against the absent parent when deciding custody.

The court won’t grant a parent parenting time if the judge believes that doing so would endanger the child’s physical, mental, moral, or emotional health. If a judge finds a parent has committed domestic violence, the judge can deny parenting time altogether, or place restrictions on it.

(Ky. Rev. Stat. §§ 403.320, 403.270, 403.300 (2026).)

Parenting Time Restrictions

When a parent who has committed domestic violence is granted parenting time, the judge may add protective conditions, such as:

• requiring that all parenting time be supervised by a third party or agency
• requiring custody exchanges to happen at a safe location, and
• directing probation or child welfare officials to monitor compliance with the parenting time conditions.

(Ky. Rev. Stat. § 403.320 (2026).)

Termination of Parental Rights

Terminating a parent's rights is one of the most serious things a Kentucky court can do, and the law sets a high bar before it will happen. A judge must find by clear and convincing evidence (a much stronger standard than is used in most custody cases) that at least one specific, serious situation applies, such as the parent causing the child serious physical injury, a felony conviction for abusing a child, or a long-term failure to provide essential care with little hope for improvement. Even then, the court will only terminate parental rights if doing so is also in the child's best interests. (Ky. Rev. Stat. § 625.090 (2026).)

If you have other questions about domestic violence and child custody in Kentucky, contact a local family law attorney.