KY Bar Family Law 3

Question 1

What standard governs child custody determinations in Kentucky?

Accepted Answer

The best interests of the child, with a rebuttable presumption favoring joint custody and equally shared parenting time

Answer

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:

Accepted Answer

6 months

Answer

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?

Accepted Answer

Only upon finding that visitation would seriously endanger the child's physical, mental, moral, or emotional health

Answer

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:

Accepted Answer

The child's environment seriously endangers the child or the custodian placed the child with a de facto custodian

Answer

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:

Accepted Answer

An income-shares model based on both parents' combined monthly adjusted gross income

Answer

KRS 403.212 adopts the income-shares model, combining both parents' adjusted gross incomes and apportioning the guideline amount between them.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Family Law 3