What Is the Difference Between Sole and Joint Custody in a Kentucky Divorce?

For any parent going through a divorce, the most pressing questions almost always revolve around the children. Concerns about where they will live, how decisions will be made, and how to maintain a stable, loving environment are paramount. In Kentucky, the legal framework for resolving these issues is built around the concept of “custody,” but this single word encompasses several different rights and responsibilities.

The Two Pillars of Custody in Kentucky: Decision-Making and Timesharing

Before comparing sole and joint arrangements, it is important to know that Kentucky law views custody in two distinct parts:

• Legal Custody: This refers to the right and responsibility to make significant decisions about a child’s upbringing. These are the major life choices that shape a child’s future.
• Physical Custody (or “Timesharing”): This determines where the child lives and the schedule of when they spend time with each parent. While the term “physical custody” is still used, Kentucky courts and statutes increasingly favor the term “timesharing” to emphasize that both parents are raising the child, not just visiting.

Both legal and physical custody can be designated as either “sole” or “joint.” This creates a matrix of possibilities, and the specific arrangement for your family will depend entirely on your unique circumstances.

What Does Joint Custody Mean?

Joint custody is the most common arrangement in Kentucky because it is generally presumed to be in the child’s best interest for both parents to remain actively involved in their life. It promotes cooperation and shared responsibility.

Joint Legal Custody

When parents have joint legal custody, they must confer and agree on major decisions. Neither parent has a superior right to decide unilaterally. These decisions typically include:

• Education: Choosing schools, tutoring, or special educational programs.
• Healthcare: Making decisions about medical treatments, doctors, dentists, and mental health care.
• Religious Upbringing: Determining the child’s religious instruction and participation.
• Extracurricular Activities: Agreeing on involvement in sports, music, clubs, and other activities.

Joint legal custody requires effective communication and a willingness to co-parent. If parents cannot agree, they may need to use a mediator or return to court to resolve the dispute.

Joint Physical Custody (Shared Timesharing)

Joint physical custody means that the children spend significant periods of time living with both parents. It does not, however, always mean a perfect 50/50 split. The goal is to create a schedule that provides the child with frequent and continuing contact with both parents. Common timesharing schedules include:

• Alternating Weeks: The child spends one full week with one parent, and the next week with the other.
• 2-2-5-5 Schedule: The child spends two days with Parent A, two days with Parent B, then five days with Parent A, and five days with Parent B. This provides consistency during the week and longer weekends for each parent.
• 3-4-4-3 Schedule: The child spends three days with one parent and four with the other, then flips the schedule the following week.

The specific schedule is tailored to the family’s needs, considering the parents’ work schedules, the child’s age, and the geographic distance between the parents’ homes.

When Is Sole Custody Awarded?

Sole custody is an arrangement where only one parent is granted the authority to make decisions and/or provide the primary residence for the child. It is less common and is typically reserved for situations where joint custody would be impractical or harmful to the child.

Sole Legal Custody

If a parent is awarded sole legal custody, they have the exclusive right to make all major decisions regarding the child’s welfare without needing to consult the other parent. The non-custodial parent may still have the right to receive information about the child’s education and health, but they have no say in the final decision. Courts may award sole legal custody if:

• There is a history of domestic violence, substance abuse, or neglect by one parent.
• One parent is incarcerated or otherwise unavailable to participate in decision-making.
• The parents have a high-conflict relationship and are completely unable to communicate or cooperate.
• One parent has demonstrated consistently poor judgment regarding the child’s well-being.

Sole Physical Custody (Primary Residential Parent)

A parent with sole physical custody is the “primary residential parent,” meaning the child lives with them the majority of the time. The other parent, often called the “non-custodial parent,” is typically granted a schedule of parenting time (visitation). This schedule can be very specific, such as every other weekend and one evening per week, or more flexible, depending on the court’s order.

Even in a sole custody arrangement, the non-custodial parent still has parental rights and responsibilities, including the obligation to pay child support.

How Do Kentucky Courts Decide on a Custody Arrangement?

Judges in Kentucky must make all custody decisions based on one overarching principle: the best interests of the child. This standard is codified in Kentucky Revised Statute (KRS) 403.270, which lists several factors a court must consider. No single factor is determinative; instead, a judge weighs them all to reach a conclusion.

These factors include:

• The wishes of the parent(s) and any de facto custodian.
• The wishes of the child, with more weight given to the preferences of a mature child.
• The child’s adjustment to their home, school, and community.
• The mental and physical health of all individuals involved.
• The relationship between the child and their parents, siblings, and any other person who may significantly affect the child’s best interests.
• The motivation of the parents in seeking custody.
• Any evidence of domestic violence.

The law requires the court to consider these factors to create a stable and supportive environment for the child.

What Is a Parenting Plan and Why Is It So Important?

Regardless of whether custody is sole or joint, a detailed parenting plan is essential. This document, which becomes a legally binding court order, acts as a roadmap for how you will co-parent after the divorce. A well-drafted parenting plan can preemptively solve future disagreements by outlining clear rules and procedures.

An effective parenting plan should address:

• A Detailed Timesharing Schedule: This includes the regular schedule during the school year, as well as specific plans for holidays, birthdays, school breaks, and summer vacation.
• Decision-Making Authority: For joint legal custody, the plan might designate one parent to have final say on certain issues (e.g., medical decisions) if a disagreement arises, to avoid constant returns to court. This is often called a “tie-breaking” authority.
• Communication Protocols: How and when will the parents communicate about the children? Will it be via text, email, or a co-parenting app?
• Transportation Arrangements: Who is responsible for picking up and dropping off the children for exchanges?
• Relocation: The plan must include a provision requiring a parent to provide advance notice if they intend to move a significant distance away.
• Access to Records: Provisions ensuring both parents have access to school and medical records.
• Dispute Resolution: A process for resolving future disagreements, such as requiring mediation before filing a motion in court.

Creating a comprehensive parenting plan provides predictability and stability for your children and can significantly reduce conflict between parents.

Can Custody Orders Be Changed or Modified?

Life is not static. What works for a family when a child is five may not work when they are fifteen. For this reason, Kentucky law allows for the modification of custody orders. However, a parent cannot seek a change simply because they dislike the current arrangement.

To modify a custody order, a parent must demonstrate to the court that:

• There has been a material change in circumstances since the original order was entered.
• The modification is necessary to serve the best interests of the child.

A “material change” must be significant. Examples might include a parent’s remarriage, a job loss that affects their ability to care for the child, a long-distance relocation, or a change in the child’s health or educational needs. The court will not modify an order based on minor or temporary changes.

Navigating the Complexities of Your Family’s Future

The choices made about custody and timesharing during a divorce will have a lasting impact on your children and your relationship with them. Whether you are aiming for an amicable joint custody agreement or believe a sole custody arrangement is necessary to protect your child, the process requires careful navigation. Building a strong case based on the “best interests” standard is paramount.

This involves gathering evidence, presenting a clear and reasonable parenting plan, and advocating effectively in negotiations or in the courtroom. Because every family’s situation is different, there is no one-size-fits-all solution. A legal strategy must be tailored to your specific circumstances, focusing on securing a stable and positive future for your children.

Contact John H. Ruby & Associates for Guidance

Untangling the legal and emotional aspects of child custody requires a legal team with a profound dedication to detail and a comprehensive knowledge of Kentucky family law. The attorneys at John H. Ruby & Associates are committed to helping clients navigate the challenges of custody and divorce with clarity and purpose, ensuring their parental rights and their children’s well-being are protected at every turn.

If you are facing a divorce involving child custody, you need legal counsel that knows how to build a strong and effective case. Let’s talk about your next steps. Schedule a consultation now by calling us at 502-895-2626 or reaching out online.