KY Bar Family Law 3 — Questions and Answers
Question 1: What standard governs child custody determinations in Kentucky?
- The best interests of the child, with a rebuttable presumption favoring joint custody and equally shared parenting time (Correct answer)
- The tender years doctrine favoring the mother
- The primary caretaker presumption
- The preference of any child over age seven controls
Correct answer: The best interests of the child, with a rebuttable presumption favoring joint custody and equally shared parenting time
KRS 403.270 applies the best-interests standard and, since 2018, a rebuttable presumption that joint custody and equally shared parenting time are in the child's best interest.
Question 2: A de facto custodian in Kentucky must have been the primary caregiver and financial supporter of a child under age three for at least:
- 6 months (Correct answer)
- 1 year
- 2 years
- 90 days
Correct answer: 6 months
KRS 403.270 requires 6 months for a child under three and 1 year for a child three or older before a person qualifies as a de facto custodian with standing equal to a parent.
Question 3: Under Kentucky law, when may a court deny a parent visitation with a child?
- Only upon finding that visitation would seriously endanger the child's physical, mental, moral, or emotional health (Correct answer)
- Whenever the custodial parent objects
- Whenever the parent is behind on child support
- Only if the parent has been convicted of a felony
Correct answer: Only upon finding that visitation would seriously endanger the child's physical, mental, moral, or emotional health
KRS 403.320 entitles a noncustodial parent to reasonable visitation unless the court finds serious endangerment to the child's health.
Question 4: Within two years of a custody decree, a Kentucky court may modify custody only if:
- The child's environment seriously endangers the child or the custodian placed the child with a de facto custodian (Correct answer)
- Either parent shows a material change in circumstances
- The child requests the change
- One parent relocates more than 100 miles away
Correct answer: The child's environment seriously endangers the child or the custodian placed the child with a de facto custodian
KRS 403.340 bars modification within two years absent affidavits showing serious endangerment or placement with a de facto custodian.
Question 5: Kentucky child support obligations are calculated primarily using:
- An income-shares model based on both parents' combined monthly adjusted gross income (Correct answer)
- A flat percentage of the obligor's income only
- Judicial discretion without guidelines
- The Melson formula
Correct answer: An income-shares model based on both parents' combined monthly adjusted gross income
KRS 403.212 adopts the income-shares model, combining both parents' adjusted gross incomes and apportioning the guideline amount between them.
Question 6: Under Kentucky's child support guidelines, a court may impute income to a parent who is:
- Voluntarily unemployed or underemployed, based on potential income (Correct answer)
- Disabled and unable to work
- Incarcerated for more than 180 days
- Caring for a child under age one
Correct answer: Voluntarily unemployed or underemployed, based on potential income
KRS 403.212 permits calculating support on potential income when a parent is voluntarily unemployed or underemployed, with statutory exceptions such as incapacity or caring for a very young child.
Question 7: In Kentucky, a child support obligation generally terminates when the child:
- Turns 18, or 19 if still enrolled in high school (Correct answer)
- Turns 21 in all cases
- Graduates from college
- Turns 16 and becomes employed
Correct answer: Turns 18, or 19 if still enrolled in high school
KRS 403.213 ends support at age 18, extended to completion of the school year in which the child turns 19 if still a high school student.
KY Bar Family Law 3
What standard governs child custody determinations in Kentucky?