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

Subject to KRS 403.315, KRS 403.270(2) establishes a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time are in the child's best interests.

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

☐ Domestic violence: A DVO is being or has been entered against the Non-Custodial Parent by the other party or on behalf of a child at issue. Under KRS 403.315(1), the ordinary presumption does not apply as to that party. A finding of two or more acts also triggers subsections (2)-(3).
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). The claimant must prove primary caregiving and financial support by clear and convincing evidence and, within the last two years, the age-based aggregate-residence period or Department for Community Based Services placement route. Equal standing arises only after the court determines that the definition is met.

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(4)(b)

Under KRS 403.270(4)(b), the Court considers the child's wishes as to custodian, with due consideration to the influence a parent or de facto custodian may have over those 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(3)-(4)

KRS 403.270(3) requires the court first to consider abuse allegations and make written findings about their impact on the child. The parties then address the twelve listed factors in KRS 403.270(4):

(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 finding and its effect (KRS 403.270(4)(g)): ☐ No finding ☐ See Section I.A and supporting record.

(h) Malicious, intentionally false allegation of child abuse known to lack a factual basis: ☐ No finding ☐ Finding / response: [________________________________]

(i) De facto custodian care, nurture, and support: ☐ N/A ☐ See Section II

(j) Intent of parent placing child with de facto custodian: ☐ N/A ☐ [________________________________]

(k) Circumstances of de facto custodian placement: ☐ N/A ☐ [________________________________]

(l) Likelihood each party will allow frequent, meaningful, and continuing contact, subject to the statutory domestic-violence safety exception: [________________________________]

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(1), a qualifying DVO prevents application of the ordinary presumption as to the party against whom it is being or has been entered. A two-act finding triggers the contrary presumption in subsection (2) and the custody and unsupervised-visitation safeguards in subsection (3).

Under KRS 403.270(3) and (4)(g), the Court must address abuse allegations in written findings and consider the effect of any domestic-violence finding on the child and the child's relationships.

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

Before relocation, use the current AOC-241 Notice of Relocation for the sole-custodian route under FCRPP 7. File the notice with the court and serve the non-custodial parent. Do not use a statewide mileage threshold or fixed 60-day period.

If court-ordered timesharing is affected, the non-custodial parent may file a motion contesting the change within 20 days after service of the notice.

Proposed address, relocation date, reason, and timesharing effect: [________________________________]

Use AOC-241's protected-address procedure if an active protective order makes the destination confidential.

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. Subject to KRS 403.315, the rebuttable presumption under KRS 403.270(2) has been rebutted by a preponderance of evidence for the reasons stated in Section I.A.
3. The Court has applied KRS 403.315: ☐ no triggering DVO or two-act finding; ☐ subsection (1) applies; ☐ subsections (2)-(3) apply and are addressed in separate findings and safeguards.
4. The Court has made the written findings required by KRS 403.270(3), considered the twelve listed factors and all other relevant factors under KRS 403.270(4), and finds sole custody is in the child(ren)'s best interests.
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 — Current best-interest, abuse-finding, presumption, factor, and de facto-custodian provisions: Kentucky Legislature
• KRS 403.315 — Current domestic-violence presumptions and custody/visitation safeguards: 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
• FCRPP 7; AOC-241 — Current sole-custodian relocation notice procedure: Kentucky Court of Justice
• Kentucky Court of Justice — Family Court