Child Custody Agreement - Kentucky

CHILD CUSTODY & PARENTING TIME AGREEMENT

(Commonwealth of Kentucky)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Custody & Parental Decision-Making
4. Parenting Time Schedule
5. Transportation, Exchanges & Communication
6. Relocation
7. Health, Education & Records Access
8. Child Support & Extraordinary Expenses
9. Representations & Warranties
10. Covenants & Restrictions
11. Default, Enforcement & Remedies
12. Dispute Resolution
13. General Provisions
14. Execution Block

1. DOCUMENT HEADER

1.1 Title. Child Custody & Parenting Time Agreement (“Agreement”).

1.2 Parties.
(a) “[PARENT A FULL LEGAL NAME],” residing at [ADDRESS] (“Parent A”).
(b) “[PARENT B FULL LEGAL NAME],” residing at [ADDRESS] (“Parent B”).

Parent A and Parent B are collectively the “Parents.”

1.3 Child(ren) Covered.

• [CHILD 1 LEGAL NAME], born [DOB];
• [ADD ADDITIONAL CHILD(REN) AS NEEDED]
  (each, a “Child,” and collectively, the “Children”).

1.4 Effective Date. This Agreement is effective as of [EFFECTIVE DATE] (“Effective Date”) upon approval by the [NAME OF] Family Court, [COUNTY], Kentucky (the “Court”).

1.5 Governing Law & Jurisdiction. This Agreement shall be governed by Kentucky domestic-relations law. The Parents shall submit it to the court with jurisdiction over custody and parenting time; their agreement does not itself create or preserve court jurisdiction.

2. DEFINITIONS

“Best Interest Factors” means the criteria in KRS 403.270(3)-(4). Before considering the other listed factors, the Court must consider allegations of domestic violence, abuse, or child neglect and make written findings on their impact on the child. The remaining factors include the parents' and child's wishes, the child's relationships and adjustment, the adults' motivations, health, any de facto custodian's role, and contact with the other parent subject to the statute's safety exception.

“Joint Legal Custody” means that both Parents share significant decision-making responsibility for the Child’s health, education, and welfare.

“Parenting Time” means the in-person custodial periods allocated to each Parent, inclusive of regular, holiday, vacation, and special-event schedules.

“Primary Residence” means the address at which the Child is deemed to reside for school enrollment and other legal purposes.

“Relocation” means a proposed change in a custodian's residence for which notice is given under FCRPP 7. This Agreement does not create a statewide mileage threshold for that notice.

[ADD other defined terms as needed]

3. CUSTODY & PARENTAL DECISION-MAKING

3.1 Legal Custody. The Parents propose Joint Legal Custody, subject to court approval under KRS 403.270 and the domestic-violence safeguards of KRS 403.315. Subject to KRS 403.315, KRS 403.270(2) creates a rebuttable presumption favoring joint custody and equally shared parenting time. This form does not assume that presumption applies where a domestic violence order has been or is being entered against a party or repeated domestic violence has been found.

Safety screening before approval: ☐ No relevant domestic violence or child-abuse allegation, order, or finding identified ☐ Allegation, order, or finding identified; use protected court filings where applicable and request a safety-specific order. Under KRS 403.315(3), after a finding of two or more acts of domestic violence and abuse, the court may not award custody or unsupervised visitation to that party without the statutory prerequisites and later evidentiary hearings.

3.2 Day-to-Day Care. During each Parent’s Parenting Time, that Parent shall make routine daily decisions regarding the Children’s care, consistent with their best interests.

3.3 Major Decisions. The Parents shall consult in good faith and reach mutual agreement on major decisions including, but not limited to:
(a) Education (school enrollment, Individualized Education Plans, tutoring);
(b) Non-emergency medical, dental, or psychological care;
(c) Religious upbringing; and
(d) Extracurricular activities that materially affect the Parenting Time schedule or cost more than [$____] annually.

3.4 Tie-Break Procedure. If the Parents cannot agree after good-faith efforts, either may ask the Court to resolve the issue. Mediation is optional and subject to Section 12 and KRS 403.036; it is never a condition to seeking urgent safety relief.

4. PARENTING TIME SCHEDULE

4.1 Regular Schedule. Select and complete one pattern; state exact start and end times.

☐ Alternating weeks: Parent A [DAY/TIME] through [DAY/TIME]; Parent B [DAY/TIME] through [DAY/TIME].

☐ Alternating weekends with school-week care: [PARENT] has school-week care; the other has weekends from [DAY/TIME] to [DAY/TIME] and midweek time [DAY/TIME] to [DAY/TIME].

☐ Other repeating schedule: [DESCRIBE EACH WEEK, SCHOOL DAY, AND OVERNIGHT]

School closures, teacher in-service days, and unexpected closings: [WHICH PARENT, EXCHANGE TIME, AND TRANSPORT]

Age- or disability-related adjustment and review date, if any: [CHILD, SCHEDULE, DATE OR NONE]

4.2 Holiday Schedule. The completed holiday row controls over the regular schedule for its specified period.

4.3 Summer Parenting Time. ☐ Regular schedule continues ☐ Alternate summer schedule: [DETAIL]

Each Parent may select [____] vacation week(s) by [DATE] each year. Overlapping requests are resolved by [ALTERNATING PRIORITY OR OTHER PROCESS]. Notice, itinerary, and contact details: [DETAIL].

4.4 Make-Up Time. Parenting Time missed due to the Child’s illness, unavoidable travel delays, or other reasonable cause shall be made up within [30] days, unless otherwise agreed.

4.5 Right of First Refusal. If a Parent requires alternate childcare for more than [8] consecutive hours during his/her Parenting Time, that Parent shall first offer the other Parent the opportunity to care for the Child.

5. TRANSPORTATION, EXCHANGES & COMMUNICATION

5.1 Exchange Location. Unless otherwise agreed, exchanges shall occur at [LOCATION], with the receiving Parent responsible for pick-up.

5.2 Timeliness. Each Parent shall arrive within a [15]-minute window of scheduled exchange times and provide reasonable notice of delays.

5.3 Electronic Access. Each Parent and Child may communicate freely via telephone, text, or video call during reasonable hours (7:00 a.m. – 9:00 p.m.), absent extraordinary circumstances.

6. RELOCATION

6.1 Notice. Before relocating, a joint or sole custodian shall file and serve the current AOC-241 Notice of Relocation in the manner applicable to that parent's custody status. The notice states the proposed address and reason, relocation date, and effect on court-ordered time-sharing. Where the form's EPO/DVO condition applies, use its sealed-address route; do not disclose a protected destination to the other party. Any additional advance-notice period agreed here is [____] days, subject to the existing custody order and applicable law.

6.2 Motion and Resolution. If court-ordered time-sharing is affected, FCRPP 7 and AOC-241 give the relocating joint custodian 20 days after filing the notice to file an agreed order or motion to modify. The non-relocating joint custodian may move to modify custody or time-sharing within 20 days after service. For a sole-custodian move, the non-custodial parent may move to contest the time-sharing change within 20 days after service. The Parents may seek agreement or an appropriate court order.

6.3 Temporary Orders. Pending final determination, the existing schedule remains in effect unless the Court orders otherwise.

7. HEALTH, EDUCATION & RECORDS ACCESS

7.1 Medical Care. Each Parent shall keep the other apprised of all medical appointments and provide copies of records within [3] business days of receipt.

7.2 Insurance. [PARENT RESPONSIBLE] shall maintain health and dental insurance for the Children. The Parents shall share unreimbursed medical expenses [PRO-RATA BY INCOME]/[50-50] within 30 days of documented request.

7.3 School Records. Subject to any protective order, custody order, and applicable law, each Parent shall cooperate in sharing report cards, attendance, and disciplinary records and may authorize the school to release records to the other Parent.

8. CHILD SUPPORT & EXTRAORDINARY EXPENSES

8.1 Child Support. Child support shall be calculated separately under KRS 403.212 and any other applicable guideline provision and submitted for court approval. Unless modified by court order, the existing obligation in [CASE NUMBER] remains in force.

8.2 Extraordinary Expenses. The Parents shall share the cost of mutually agreed extraordinary expenses (e.g., summer camp, private tutoring) in the following proportions: Parent A [___] %, Parent B [___] %.

9. REPRESENTATIONS & WARRANTIES

9.1 Capacity. Each Parent represents that he/she is the biological/legal parent of the Children and is not subject to any order that would impair execution of this Agreement.

9.2 Disclosure. Each Parent warrants full disclosure of any condition or proceeding that could materially affect custody, including pending criminal charges or child-protection investigations.

9.3 Reliance. Each Parent acknowledges that the other is relying on the accuracy of these representations in entering this Agreement.

10. COVENANTS & RESTRICTIONS

10.1 Non-Disparagement. Neither Parent shall make derogatory remarks about the other Parent (or the other Parent’s family) in the presence or hearing of the Children.

10.2 Substance Use. A Parent shall not consume alcohol to excess or use illicit substances during or within [12] hours prior to his/her Parenting Time.

10.3 Firearm Safety. Firearms shall be stored unloaded and locked, with ammunition stored separately.

10.4 Travel Outside Kentucky/USA. A Parent traveling out of state with the Children for more than [72] hours shall provide the other Parent a detailed itinerary, emergency contact information, and copies of travel documents at least [7] days in advance.

11. DEFAULT, ENFORCEMENT & REMEDIES

11.1 Ordinary Disagreement. A Parent who believes a term was not followed may describe the problem and a proposed solution by [SAFE CONTACT METHOD]. The Parents propose a response within [____] days when practicable. This exchange does not delay any right to seek court relief.

11.2 Court Relief. Either Parent may file an appropriate request for enforcement, contempt, make-up Parenting Time, or modification, and may request attorney’s fees and costs where permitted by law and the court's order. Mediation is optional and subject to Section 12.

11.3 Emergency Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief or emergency protective orders where the Children’s safety is at risk.

12. DISPUTE RESOLUTION

12.1 Mediation. The Parents may use mediation only when appropriate and voluntary. If a court has found domestic violence and abuse, KRS 403.036 bars court-ordered mediation unless the victim requests it voluntarily, without coercion, and the court finds it realistic and viable. Either Parent may seek court relief without mediation where safety or another urgent issue requires it.

12.2 Court review. Submit any proposed permanent change to the court-ordered custody or parenting-time terms for court approval under applicable law. The Parents' private dispute process cannot displace that review.

12.3 Safety. The Parents may request protective conditions for exchanges, communications, addresses, or visitation when needed.

13. GENERAL PROVISIONS

13.1 Amendment & Waiver. Proposed custody changes must be in writing and approved by the Court under KRS 403.340; the statute's timing and findings requirements still apply to a motion to modify a custody decree. Parenting-time changes are subject to the applicable order and, for noncustodial visitation, KRS 403.320. Waiver of one provision does not waive another.

13.2 Assignment. Rights and duties under this Agreement are personal to each Parent and may not be assigned.

13.3 Severability. If any provision is held unenforceable, the remaining provisions shall be interpreted to effectuate the Parties’ intent and the Children’s best interests.

13.4 Entire Agreement. This Agreement, together with any schedules and Court orders referenced herein, constitutes the entire understanding of the Parents regarding custody and Parenting Time.

13.5 Counterparts; Electronic Signatures. The Parents may sign counterparts. Use electronic signatures only where accepted by the receiving court.

14. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents execute this Agreement as of the Effective Date.

______________________________
[PARENT A NAME]
Date: ________________________

______________________________
[PARENT B NAME]
Date: ________________________

COMMONWEALTH OF KENTUCKY

COUNTY OF [________________________________]

Subscribed, sworn, and acknowledged before me on ________________, 20___, by _____________________________ and _____________________________.

______________________________
Notary Public signature
Printed name: [________________________________]
Commission number: [________________________________]
My Commission Expires: __________

PROPOSED COURT ORDER

After reviewing the agreement and any necessary safety findings, the Court ☐ approves it as written ☐ approves it with the attached changes ☐ declines approval. The approved custody and parenting-time terms are incorporated into the order to the extent stated here: [________________________________]

Judge: ______________________________ Date: [__/__/____]

Current official sources

• KRS 403.270 — best interests and custody presumption
• KRS 403.315 — domestic-violence safeguards
• KRS 403.320 — visitation
• KRS 403.340 — modification of custody
• KRS 403.036 — mediation after domestic violence
• KRS 403.212 — child support guidelines
• AOC-241 — Notice of Relocation