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Custody is the right to make decisions for a child. Kentucky recognizes joint custody and sole custody.
Joint custody is when both parents share decision-making authority for the child. They are expected to cooperate and consult with one another to make decisions in the child's best interests.
Sole custody is when only one parent has decision-making authority of the child.
De facto custody is a special circumstance when a non-parent has been the primary caregiver and primary financial supporter of a child for a certain period of time, between six months and a year. The de facto custodian is determined by the court and may share custody with a parent or not.
The court determines child custody in a child's best interest. Presently, joint custody is the custodial arrangement presumed to be in a child's best interest, with some exceptions. This presumption can be overcome by evidence that the child's best interests would be served with sole custody. This can happen when one parent has a drug addiction problem or a significant mental health issue.
Having an experienced family lawyer counsel you and stand up for you and your children will help make sure that their best interests are protected.