When determining custody agreements, courts prioritize the best interests of the child. Although different jurisdictions may have varying factors, but in general, courts consider several key elements to make a decision that promotes the child’s well-being. Some common factors include:

  • Child’s Wishes
  • Parent-Child Relationship
  • Stability and Continuity
  • Parental Ability and Willingness
  • Parental Fitness
  • Parental Involvement
  • Home Environment
  • Siblings and Extended Family
  • Substance Abuse or Domestic Violence
  • Parental Relocation
  • Joint Custody

It’s crucial to remember that custody decisions are made on a case-by-case basis, with the goal of promoting the child’s well-being and ensuring a stable and loving environment for their growth and development. The wishes of the parents

If the child is under three years old, Kentucky courts will also consider applications from a de facto custodian, which is any person who has lived with the child for six months and been their primary caregiver and means of financial support. For children over three years, a de facto custodian must have lived with the child for at least one year. These parties can be given the same consideration as a child’s parents when determining a custody arrangement.