Kentucky Sole Custody Agreement

SOLE CUSTODY AGREEMENT

Commonwealth of Kentucky

IN THE [________________________________] CIRCUIT COURT / FAMILY COURT
[________________________________] COUNTY

[________________________________], Petitioner

v. Case No. [________________________________]

[________________________________], Respondent

Division: [____]

STIPULATED AGREEMENT FOR SOLE CUSTODY PURSUANT TO KRS 403.270

Come now the parties, [________________________________] ("Custodial Parent") and [________________________________] ("Non-Custodial Parent"), and hereby stipulate and agree to the following sole custody arrangement for their minor child(ren), and respectfully request that this Court incorporate this Agreement into its custody order.

I. RECITALS AND LEGAL FRAMEWORK

A. Kentucky's Joint Custody Presumption and Its Rebuttal

Under KRS 403.270(1), Kentucky law establishes a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. This presumption may be rebutted by a preponderance of the evidence.

The parties stipulate that the presumption is rebutted in this case for the following reason(s):

☐ Domestic violence: A domestic violence order (DVO) under KRS 403.720 et seq. has been entered against the Non-Custodial Parent. Under KRS 403.315, the joint custody presumption does not apply when a DVO has been entered against a party.
DVO entered on [__/__/____], Case No. [________________________________], by the [________________________________] Court.

☐ Inability to cooperate: The parties are unable to effectively communicate and cooperate regarding the child(ren)'s welfare to the degree necessary for joint custody to function.

☐ Geographic distance: The Non-Custodial Parent resides at a distance that makes equally shared parenting time impractical. Non-Custodial Parent's address: [________________________________]

☐ Parental fitness concerns: [________________________________]

☐ Substance abuse history: [________________________________]

☐ Incarceration: The Non-Custodial Parent is currently incarcerated at [________________________________] with an expected release date of [__/__/____].

☐ Military deployment: The Non-Custodial Parent is deployed to [________________________________] through approximately [__/__/____].

☐ Voluntary agreement: The Non-Custodial Parent voluntarily agrees that sole custody to the Custodial Parent is in the child(ren)'s best interests because: [________________________________]

☐ Other: [________________________________]

B. Parental Relationship

☐ Married — dissolution proceeding pending / decree entered [__/__/____]
☐ Unmarried — paternity established ☐ by acknowledgment ☐ by court order dated [__/__/____]

C. Parenting Education

☐ Custodial Parent completed court-approved parenting education on [__/__/____].
☐ Non-Custodial Parent completed court-approved parenting education on [__/__/____].
☐ To be completed within [____] days of filing.

II. CHILD(REN) SUBJECT TO THIS AGREEMENT

De Facto Custodian (If Applicable)

☐ Not applicable.

☐ [________________________________] has been adjudicated or seeks adjudication as a de facto custodian under KRS 403.270(1)(a). Under Kentucky law, a de facto custodian is a person who has been the primary caregiver for and financial supporter of the child for at least six (6) months (if under age 3) or one (1) year (if age 3 or older), as shown by clear and convincing evidence. A de facto custodian has standing equal to a parent.

III. SOLE LEGAL CUSTODY

A. Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with exclusive authority to make all major decisions, including:

1. Education: School enrollment and selection, school district, public or private school, special education services (IEP/504), tutoring, and higher education planning
2. Healthcare: Selection of physicians, dentists, and specialists; authorization of medical treatment, procedures, and medications; mental and behavioral health treatment decisions
3. Religious upbringing: Religious training, institution membership, sacraments, and ceremonies
4. Extracurricular activities: Enrollment in sports, arts, camps, and organized activities
5. Travel: Authorization for domestic and international travel
6. Legal matters: Legal proceedings, passport applications, and other matters requiring parental consent

B. Consultation (Optional)

☐ The Custodial Parent shall consult with the Non-Custodial Parent before making major decisions but retains final decision-making authority.

☐ The Custodial Parent may, but is not required to, consult with the Non-Custodial Parent on major decisions.

☐ The Custodial Parent shall provide the Non-Custodial Parent with written notice within [____] days of any major decision.

C. Emergency Decisions

The Custodial Parent, or the Non-Custodial Parent if exercising parenting time, may make emergency medical decisions when delay would endanger the child(ren). The other parent shall be notified as soon as practicable.

IV. SOLE PHYSICAL CUSTODY

A. Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]
County: [________________________________]
School district: [________________________________]

B. Non-Custodial Parent's Parenting Time / Visitation

Under KRS 403.320, the Non-Custodial Parent is entitled to reasonable visitation unless the Court finds that visitation would endanger seriously the child(ren)'s physical, mental, moral, or emotional health.

Select the applicable visitation arrangement:

Option A: Standard Visitation Schedule

☐ Alternating weekends: Every other weekend from Friday at [____] PM to Sunday at [____] PM

☐ Midweek visit: Every [________________________________] from [____] PM to [____] PM ☐ with overnight ☐ without overnight

☐ Summer: [____] weeks during summer vacation, with [____] days' advance written notice. Summer weeks shall be ☐ consecutive ☐ non-consecutive.

Option B: Expanded Visitation Schedule

☐ Alternating weekends: Every other weekend from Friday at [____] PM to Monday morning (school drop-off)

☐ Midweek overnight: [________________________________] after school to [________________________________] morning school drop-off

☐ Summer: [____] weeks during summer, with at least thirty (30) days' advance written notice

Option C: Supervised Visitation (KRS 403.320)

☐ Visitation shall be supervised due to: [________________________________]

Supervisor: ☐ Professional supervisor at [________________________________]
☐ Approved third party: [________________________________] (relationship: [________________________________])

Schedule: [________________________________]

Conditions for transitioning to unsupervised visitation:
☐ Completion of substance abuse treatment program
☐ Completion of anger management or batterer intervention program
☐ Completion of parenting education beyond the standard requirement
☐ [____] consecutive clean drug/alcohol screens
☐ Favorable recommendation from therapist/counselor
☐ Court review hearing scheduled for [__/__/____]
☐ Other: [________________________________]

Option D: Restricted or No Visitation

☐ Visitation is restricted to: [________________________________]

☐ Visitation is suspended until: [________________________________]

The Court has found, or the parties stipulate, that visitation would endanger seriously the child(ren)'s physical, mental, moral, or emotional health under KRS 403.320.

Option E: Custom Schedule

[________________________________]

C. Holiday and Special Occasion Schedule

Holidays supersede the regular visitation schedule.

D. Exchanges

Location: [________________________________]

☐ Custodial Parent's residence (curbside)
☐ School (drop-off/pick-up)
☐ Public location: [________________________________]
☐ Supervised exchange location: [________________________________]
☐ Police station or courthouse lobby (safety concerns)

Transportation: ☐ Non-Custodial Parent responsible for pick-up and drop-off
☐ Custodial Parent responsible ☐ Shared ☐ Other: [________________________________]

V. COMMUNICATION

A. Parent-to-Child Communication

The Custodial Parent shall facilitate regular communication between the Non-Custodial Parent and the child(ren):

☐ Daily phone or video call at approximately [____] PM for up to [____] minutes
☐ [____] phone or video calls per week at reasonable times
☐ Unrestricted reasonable contact
☐ Communication through [________________________________] (due to safety concerns)

The Custodial Parent shall not monitor, record, or interfere with the child(ren)'s communications with the Non-Custodial Parent, except as necessary for the child(ren)'s safety or as ordered by the Court.

B. Between Parents

Parents shall communicate through:

☐ Direct phone, text, and email
☐ Co-parenting application: [________________________________]
☐ Email only
☐ Through attorneys only (high-conflict or DVO in effect)

C. Information Sharing

The Non-Custodial Parent shall have independent access to:

• School records, report cards, and teacher communications (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Extracurricular activity schedules
• Childcare provider information

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any:

• Emergency, serious illness, injury, or hospitalization
• School disciplinary action or significant behavioral issue
• Change in the child(ren)'s living situation or address
• Involvement of the child(ren) with law enforcement or the Cabinet for Health and Family Services (CHFS)

VI. CHILD'S PREFERENCE — KRS 403.270(2)(b)

Under KRS 403.270(2)(b), the Court shall consider "the wishes of the child as to his or her custodian," with due consideration given to the influence a parent or de facto custodian may have over the child's wishes.

☐ The child(ren) are too young to express a meaningful preference.

☐ The child(ren) have expressed a preference consistent with this arrangement: [________________________________]

☐ The child(ren)'s preference has been communicated to the Court through: ☐ Guardian ad litem ☐ In camera interview ☐ Custody evaluation ☐ Other: [________________________________]

VII. BEST INTEREST ANALYSIS — KRS 403.270(2)

The parties agree that this sole custody arrangement is in the best interests of the child(ren), having considered all eleven (11) statutory factors:

(a) Wishes of the parents and any de facto custodian: [________________________________]

(b) Wishes of the child(ren): See Section VI.

(c) Interaction and interrelationship with parents, siblings, and significant persons: [________________________________]

(d) Motivation of the adults: This arrangement is sought in good faith for the child(ren)'s welfare.

(e) Child(ren)'s adjustment to home, school, and community: [________________________________]

(f) Mental and physical health of all individuals: [________________________________]

(g) Domestic violence and abuse (KRS 403.270(2)(f)): ☐ No findings ☐ DVO in effect — see Section I.A. The Court shall determine the extent to which the domestic violence has affected the child(ren) and their relationship to each party, with due consideration to completion of DV treatment programs.

(h) De facto custodian care: ☐ N/A ☐ See Section II

(i) Intent of parent placing child with de facto custodian: ☐ N/A

(j) Circumstances of de facto custodian placement: ☐ N/A

(k) Likelihood each party will facilitate the child(ren)'s relationship with the other parent: [________________________________]

VIII. DOMESTIC VIOLENCE PROVISIONS (IF APPLICABLE)

☐ Not applicable — skip to Section IX.

☐ Applicable. A DVO under KRS 403.720 et seq. is or has been in effect.

A. DVO Details

DVO entered against: [________________________________]
Date: [__/__/____] Expiration: [__/__/____]
Court: [________________________________] Case No.: [________________________________]

B. Impact on This Agreement

Under KRS 403.315, the rebuttable presumption of joint custody does not apply to the party against whom the DVO has been entered. This sole custody arrangement is consistent with KRS 403.315.

Under KRS 403.270(2)(f), the Court shall consider the extent to which domestic violence has affected the child(ren), with due consideration to any completion of domestic violence treatment, counseling, or programs.

C. Safety Provisions

☐ No-contact provisions of the DVO apply during exchanges.
☐ Exchanges shall occur at a safe, supervised location: [________________________________]
☐ The Non-Custodial Parent shall have no direct contact with the Custodial Parent; all communication through [________________________________].
☐ Other safety measures: [________________________________]

D. Mediation Restriction (KRS 403.036)

In cases involving domestic violence, the Court shall not order mediation unless requested by the victim, and the Court finds the request is voluntary and not coerced.

IX. RELOCATION

A. Custodial Parent Relocation

The Custodial Parent shall provide at least sixty (60) days' written notice to the Non-Custodial Parent before relocating the child(ren) more than [____] miles from the current residence or outside the Commonwealth of Kentucky.

The notice shall include: proposed new address, reason for relocation, proposed revised visitation schedule, and proposed relocation date.

Under Kentucky case law (Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003); Pennington v. Marcum, 261 S.W.3d 541 (Ky. 2008)), relocation disputes are analyzed under the best interest factors of KRS 403.270 and the modification standards of KRS 403.340.

B. Non-Custodial Parent Relocation

The Non-Custodial Parent shall notify the Custodial Parent within [____] days of any change of address.

X. ADDITIONAL PROVISIONS

A. Non-Disparagement

Neither parent shall make derogatory remarks about the other parent, the other parent's family, or household in the child(ren)'s presence. Neither parent shall allow others to do so.

B. Substance Use

Neither parent shall use illegal substances or consume alcohol to the point of impairment during parenting time or within twelve (12) hours before parenting time.

C. Firearms Safety

All firearms in either household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

D. Right of First Refusal

☐ If the Custodial Parent is unavailable during their custodial time for more than [____] consecutive hours, the Custodial Parent shall first offer the time to the Non-Custodial Parent before arranging alternative childcare.

☐ Not applicable.

E. Introduction of New Partners

Neither parent shall introduce a new romantic partner to the child(ren) overnight until the relationship has been established for at least [____] months.

F. Return of Children

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Late returns without reasonable notice and excuse constitute a material breach of this Agreement.

G. Health Insurance and Medical Expenses

Health insurance for the child(ren) shall be maintained by: ☐ Custodial Parent ☐ Non-Custodial Parent ☐ Both

Uninsured medical expenses shall be divided:
☐ Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Entirely by [________________________________]
☐ Other: [________________________________]

H. Child Support

☐ Child support has been established in a separate order.
☐ Child support is being determined concurrently with this custody agreement.
☐ The parties agree to child support of $[________________________________] per ☐ week ☐ month, payable through the Kentucky Child Support Centralized Collection Center.

XI. MODIFICATION

This Agreement, once incorporated into a court order, may be modified only by:

1. Written agreement of both parties, filed with and approved by the Court; or
2. Court order under KRS 403.340 upon a showing of material change in circumstances.

Two-year restriction (KRS 403.340(2)): No motion to modify shall be made within two (2) years of the court order incorporating this Agreement, unless affidavits show the child(ren)'s present environment may endanger seriously their physical, mental, moral, or emotional health.

XII. DISPUTE RESOLUTION

A. Direct Communication

The parties shall first attempt to resolve disputes directly (where safe and appropriate).

B. Mediation

If direct communication is unsuccessful, the parties shall engage a Kentucky-certified family mediator. Mediation costs shall be: ☐ Shared equally ☐ Allocated: [________________________________]

Exception (KRS 403.036): Mediation shall not be ordered in cases of domestic violence unless the victim requests it.

C. Court Intervention

Either party may petition the [________________________________] Family Court / Circuit Court for enforcement or modification.

XIII. SIGNATURES

The undersigned parties have read this Agreement, understand its terms, and enter into it voluntarily and without coercion.

Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Address: [________________________________]

Non-Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Address: [________________________________]

Attorney for Custodial Parent (if represented):

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________] KBA No.: [________________________________]

Attorney for Non-Custodial Parent (if represented):

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________] KBA No.: [________________________________]

XIV. ORDER OF THE COURT

The Court, having reviewed the foregoing Sole Custody Agreement and being otherwise sufficiently advised:

FINDS that:

1. This Court has jurisdiction under the UCCJEA (KRS 403.800 et seq.).
2. The rebuttable presumption of joint custody under KRS 403.270(1) has been rebutted by a preponderance of the evidence for the reasons stated in Section I.A.

3. ☐ A DVO is in effect against the Non-Custodial Parent, and KRS 403.315 applies.
   ☐ No DVO is in effect.

4. Sole custody to the Custodial Parent is in the best interests of the child(ren) under KRS 403.270(2), all eleven (11) statutory factors having been considered.

5. The Non-Custodial Parent's visitation as set forth herein ☐ is reasonable and appropriate ☐ has been appropriately restricted for the child(ren)'s safety.
6. The parties entered into this Agreement voluntarily and with understanding of its terms.

IT IS HEREBY ORDERED that the Sole Custody Agreement is approved and incorporated into the order of this Court, effective [__/__/____].

IT IS FURTHER ORDERED that the Non-Custodial Parent shall have parenting time / visitation as set forth in Section IV of this Agreement.

SO ORDERED this [____] day of [________________________________], 20[____].

_______________________________
Judge, [________________________________] Family Court / Circuit Court
[________________________________] Judicial Circuit
Commonwealth of Kentucky

Sources and References

• KRS 403.270 — Best interests of the child; rebuttable presumption of joint custody; de facto custodian; equal consideration: Kentucky Legislature
• KRS 403.315 — DV exception to joint custody presumption: Kentucky Legislature
• KRS 403.320 — Visitation rights; visitation shall not endanger seriously the child: Kentucky Legislature
• KRS 403.340 — Modification of custody (two-year restriction; endangerment standard): Kentucky Legislature
• KRS 403.036 — Mediation not ordered unless conditions met (DV exception): Kentucky Legislature
• KRS 403.720 et seq. — Domestic violence and abuse definitions; DVOs
• KRS 403.800 et seq. — UCCJEA
• Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003) — Relocation
• Pennington v. Marcum, 261 S.W.3d 541 (Ky. 2008) — Modification vs. timesharing
• Kentucky Court of Justice — Family Court