How to File a Petition for Custody in Kentucky

To file a petition for custody in Kentucky, you submit the petition to the family division of circuit court in the county where the child has lived for at least the last six months, pay a filing fee of roughly $200, and arrange for the other parent to be formally served. The case cannot move forward until service is complete.

Where You File and Whether Kentucky Has Jurisdiction

Custody petitions are filed in the family division of circuit court. Before a Kentucky court can decide custody at all, the state must qualify as the child’s “home state.” That means the child has lived in Kentucky for at least six consecutive months before the case is filed. If the child recently moved away but a parent still lives in Kentucky, the state keeps home-state jurisdiction for six months after the child left. Kentucky can also take a case when the child and at least one parent have a significant connection to the state and substantial evidence about the child’s care is available here.¹

Parents are the usual filers, but they are not the only ones with standing. A grandparent, relative, or family friend who has actually been raising the child can petition as a “de facto custodian.” Under KRS 403.270, that status requires clear and convincing evidence that the person was the child’s primary caregiver and financial supporter for a qualifying period within the last two years.² Occasional babysitting or financial help does not qualify. The court looks for day-to-day caregiving: school drop-offs, medical appointments, daily decisions.

The Petition and What Case Type to Use

The petition identifies the child, both parents, and the specific custody arrangement you are asking the court to order. Most custody petitions are filed as “CI” (civil) cases. If paternity is also in dispute, the case is filed as a “J” (juvenile) matter instead. Forms are available through the Kentucky Court of Justice website and at your local courthouse. If you are filing without a lawyer, the Children’s Law Center offers a free pro se custody packet.

Filing Fees and Waivers

The base filing fee for a circuit civil case is $150, plus a $20 court technology fee and any county-level charges such as court facility or library fees.³ The total usually lands around $200, though it varies by county. If you cannot afford the fees, you can ask the court to waive them by filing a motion to proceed in forma pauperis along with a sworn statement of your finances.

Serving the Other Parent

After you file, the respondent must be served with a copy of the petition and a summons. Service can be done by the sheriff, a private process server, or certified mail. Until service is properly completed, the court has no authority to take further action on the case. Keep the return of service in the file: it is the proof the court needs before scheduling anything substantive.

What Happens After You File

A custody case is rarely a single hearing. Between filing and a final order, months can pass, and several steps usually fall in between.

Temporary Orders

Either party can ask for a temporary custody order to keep the child’s living situation stable while the case is pending. The request must be supported by an affidavit. If both parents agree on a temporary arrangement, they can submit an agreed order and parenting time plan without a contested hearing. If they disagree, the court holds a hearing and rules.⁴

Discovery

Once temporary matters are settled, both sides exchange the information that will shape the case: financial records, communications, school and medical records. The point is to eliminate surprises before a final hearing.

Mediation

Kentucky public policy favors mediation over trial. A neutral mediator works with both parents to negotiate a parenting plan; if the parents reach agreement, it becomes a court order. Parents tend to comply better with plans they helped design. Mediation is not required in every case. When there is domestic violence in the relationship, the court may waive the mediation requirement.

Trial

If mediation fails or is not ordered, the case goes to trial. A judge hears testimony, reviews evidence, and issues a custody ruling based on the statutory factors described below. In contested or complex cases, the court can appoint a guardian ad litem, an attorney who investigates independently and reports recommendations to the judge about what serves the child. Parents are often required to split the cost.⁵

The Presumption the Judge Starts With

Kentucky law creates a rebuttable presumption that joint custody with equally shared parenting time is in the child’s best interest.² A judge starts from that assumption and adjusts only if the evidence calls for it. A parent asking for sole custody or a lopsided schedule carries the burden of showing why an equal split will not work.

The presumption does not apply against a parent who has a domestic violence order entered against them. In that situation, the court weighs the best interest factors without any thumb on the scale toward equal time.⁶

Best Interest Factors

Under KRS 403.270, the judge considers:

What each parent is asking for and why.
The child’s own wishes, if the child is mature enough to express a reasonable preference.
The child’s relationships and emotional ties with each parent, siblings, and other significant people.
The child’s adjustment to home, school, and community, and what disruption a change would cause.
The mental and physical health of everyone involved.
Any history of domestic violence, which weighs heavily and can override the joint custody presumption.
Each parent’s willingness to cooperate and support the child’s relationship with the other parent.

Federal law adds a separate limit. Under the ADA, a court cannot base custody on a parent’s disability without individualized evidence of harm; assessments must rest on objective facts about the specific parent and child, not assumptions.⁷

If the Other Parent Is on Active Military Duty

The Servicemembers Civil Relief Act lets an active-duty parent apply for a stay of at least 90 days if military duties materially prevent them from appearing. The application requires a letter from the service member explaining the conflict and a letter from the commanding officer confirming unavailability. If those conditions are met, the court must grant the stay. Additional stays are possible; if the court denies an extension, it must appoint counsel for the service member. Applying for a stay is not an appearance and does not waive any defenses.⁸ Plan on a longer timeline if this applies.

After the Order Is Entered

Once you have an order, both parents must follow it. If the other parent violates the terms, the remedy is a motion to enforce, not self-help. Under KRS 403.240, one parent’s violation does not suspend the other’s obligations, and you cannot stop paying child support or withhold visitation on your own.⁹ A court can order makeup time, adjust the schedule, impose contempt sanctions, and award attorney fees to the parent forced to bring the motion.

Modifying custody later is possible but restricted. Under KRS 403.340, no motion to modify can be filed within two years of the original decree unless the child’s current environment seriously endangers their physical, mental, moral, or emotional health, or the custodian has placed the child with a de facto custodian. After the two-year window, you still have to show changed circumstances that make modification necessary for the child’s best interest.¹⁰

1
Kentucky Legislative Research Commission. Kentucky Revised Statutes KRS 403.822 – Initial Child Custody Jurisdiction
2
Justia. Kentucky Revised Statutes 403.270 – Custodial Issues, Best Interests of Child Shall Determine
3
New York Codes, Rules and Regulations. Kentucky Rules of Civil Procedure CR 3.02 – Circuit Civil Fees and Costs
4
Kentucky Legislative Research Commission. Kentucky Revised Statutes 403.280 – Temporary Custody Orders
5
Kentucky Legislative Research Commission. Role of GAL, CASA, and Social Workers in Kentucky
6
Kentucky Legislative Research Commission. Kentucky Revised Statutes KRS 403.315 – Presumption That Joint Custody and Equally Shared Parenting Time Is in Best Interest of Child Inapplicable if Domestic Violence Order Entered Against a Party
7
ADA.gov. Protecting the Rights of Parents and Prospective Parents with Disabilities
8
Office of the Law Revision Counsel. 50 US Code 3932 – Stay of Proceedings When Servicemember Has Notice
9
Kentucky Legislative Research Commission. Kentucky Revised Statutes KRS 403.240 – Decree or Temporary Order, Failure to Comply With
10
Justia. Kentucky Revised Statutes 403.340 – Modification of Custody Decree