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May 2017 Archives

Changes to Temporary Custody Statute Gives Parents Equal Time Sharing

On April 10, 2017 Governor Matt Bevin signed into law House Bill 492. HB 492 makes significant changes to KRS 403.280, the statute setting forth the law regarding temporary custody orders. Today, parties going through a divorce may move for a temporary custody order which will establish temporary custody until the final custody determination is made by the Court. Under the current statutory language, a party seeking a temporary custody order must support their motion with an affidavit setting forth the facts upon which their motion for temporary custody is based. The Court then may award temporary custody, applying the "best interest of the child" standard set forth in KRS 403.270, after a hearing or based solely on the affidavits if there is no objection. This typically ends with joint custody with one parent being designated the "primary residential custodian." This parent receives the majority of time with the child with the other parents getting visitation. HB 492 makes some significant changes to 403.280 that will likely have implications beyond just the temporary custody framework.

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