UNOFFICIAL COPY 25 RS BR 1495
Page 1 of 1
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AN ACT relating to children. 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) The father and mother shall have the joint custody, nurture, and education of their 4
children who are under the age of eighteen (18). If either of the parents dies, the 5
survivor, if suited to the trust, shall have the custody, nurture, and education of the 6
children who are under the age of eighteen (18). The father and mother shall be 7
primarily liable for the nurture and education of his or her children who are under 8
the age of eighteen (18) and for any unmarried child over the age of eighteen (18) 9
when the child is a full-time high school student, but not beyond completion of the 10
school year during which the child reaches the age of nineteen (19) years. 11
(2) The father and mother shall have the joint custody, care, and support of their 12
children who have reached the age of eighteen (18) and who are wholly dependent 13
because of permanent physical or mental disability. If either of the parents dies, the 14
survivor, if suited to the trust, shall have the custody, care, and support of such 15
children. 16
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a person 17
claiming to be a de facto custodian, as defined in KRS 403.270, may petition a 18
court for legal custody of a child. The court shall grant legal custody to the person if 19
the court determines that the person meets the definition of de facto custodian and 20
that the best interests of the child will be served by awarding custody to the de facto 21
custodian. 22
(4) Notwithstanding the provisions of subsections (1) and (2) of this section, if either 23
parent dies and at the time of death a child is in the custody of a de facto custodian, 24
as defined in KRS 403.270, the court shall award custody to the de facto custodian 25
if the court determines that the best interests of the child will be served by that 26
award of custody. 27