UNOFFICIAL COPY 23 RS BR 1331
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AN ACT relating to custody. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 405.020 is amended to read as follows: 3
(1) For purposes of this section, the court shall examine the factors stated in KRS 4
620.023 to determine the best interests of the child. 5
(2)[(1)] The father and mother shall have the joint custody, nurture, and education of 6
their children who are under the age of eighteen (18). If either of the parents dies, 7
the survivor, if suited to the trust, shall have the custody, nurture, and education of 8
the children who are under the age of eighteen (18). The father shall be primarily 9
liable for the nurture and education of his children who are under the age of 10
eighteen (18) and for any unmarried child over the age of eighteen (18) when the 11
child is a full-time high school student, but not beyond completion of the school 12
year during which the child reaches the age of nineteen (19) years. 13
(3)[(2)] The father and mother shall have the joint custody, care, and support of their 14
children who have reached the age of eighteen (18) and who are wholly dependent 15
because of permanent physical or mental disability. If either of the parents dies, the 16
survivor, if suited to the trust, shall have the custody, care, and support of the[such] 17
children. 18
(4)[(3)] Notwithstanding the provisions of subsections (2)[(1)] and (3)[(2)] of this 19
section, the following people may petition the court for legal custody of a child: 20
(a) A person claiming to be a de facto custodian, as defined in KRS 403.270[, 21
may petition a court for legal custody of a child]. The court shall grant legal 22
custody to the person if the court determines that the person meets the 23
definition of de facto custodian and that the best interests of the child will be 24
served by awarding custody to the de facto custodian;[.] 25
(b) A person, other than a parent, who has provided full-time care, nurturing, 26
and protection for the child for at least six (6) months prior to the filing of 27 UNOFFICIAL COPY 23 RS BR 1331
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the petition and who claims the custodial parent is unfit. To determine if the 1
parent is unfit, the court shall consider the following factors: 2
1. Any conviction of a criminal charge relating to the physical or sexual 3
abuse or neglect of any child; 4
2. Any court findings that the parent has abused or neglected the child or 5
another child in his or her care, custody, or control; 6
3. Repeated failure or refusal to provide essential parental care and 7
protection for the child; 8
4. Repeated failure or refusal to provide essential food, clothing, shelter, 9
medical care, or education reasonably necessary and available for the 10
child's well-being; 11
5. The relationship between the parent and child; 12
6. The parent's efforts made to remedy conditions which create a risk of 13
harm for the child, including progress on any court-ordered case plan; 14
7. A parent's substance use disorder, as defined by KRS 222.005; 15
8. Whether the parent is currently incarcerated and whether he or she 16
will be available to care for the child in the foreseeable future; 17
9. Whether a parent is a mentally ill person as defined by KRS 202A.011; 18
and 19
10. Whether there exists a reasonable expectation of significant 20
improvement in the parent's situation in the immediately foreseeable 21
future; and 22
The court shall grant legal custody to the petitioner if the court determines 23
that the parent is unfit and that the best interests of the child will be served 24
by awarding custody to the petitioner; and 25
(c) A person, other than a parent, who has physical custody of the child and 26
who claims the parent has waived his or her superior right to custody as 27 UNOFFICIAL COPY 23 RS BR 1331
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evidenced by a knowing and voluntary surrender or relinquishment of the 1
right, which may be implied from a parent's conduct. To determine whether 2
a parent has waived his or her superior right to custody, the court shall 3
consider the following factors: 4
1. Who was responsible for the care and welfare of the child prior to the 5
initiation of custody proceedings; 6
2. The attachment of the child to the nonparent; 7
3. The nature and duration of the physical custody of the child by the 8
nonparent; 9
4. The circumstances under which the child was left with the nonparent, 10
including how the child was acquired by the nonparent and the intent 11
of the parents at the time of their relinquishment of the child to the 12
nonparent; 13
5. The age of the child when physical custody was acquired by the 14
nonparent; 15
6. The age of the child when the parent sought the child's return; 16
7. Visits by the parent during the nonparent's physical custody of the 17
child; 18
8. Any financial support by the parent while the child resided with the 19
nonparent; 20
9. The parent's efforts to secure the child's return; and 21
10. Whether there exists a reasonable expectation of significant 22
improvement in the parent's situation in the immediately foreseeable 23
future; and 24
The court shall grant legal custody to the petitioner if the court determines 25
that the parent has waived his or her superior right to custody and that the 26
best interests of the child will be served by awarding custody to the 27 UNOFFICIAL COPY 23 RS BR 1331
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petitioner. 1
(5) A petition filed under this section may proceed irrespective of the status of any 2
proceeding under KRS Chapter 620. 3
(6)[(4)] Notwithstanding the provisions of subsections (2)[(1)] and (3)[(2)] of this 4
section, if either parent dies and at the time of death a child is in the custody of a de 5
facto custodian, as defined in KRS 403.270, the court shall award custody to the de 6
facto custodian if the court determines that the best interests of the child will be 7
served by that award of custody. 8