How does the court decide child custody in divorce?
. A Kentucky court cannot decide custody of children if Kentucky is not their “home state.” They must have been living in the state for at least six months (or since birth, if the child is less than six months of age). Factors Considered. The law requires a court to look at the following factors: The wishes of each parent, and any “de facto custodian”; the wishes of the child; the childs relationships and adjustment to home, school and community; the mental and physical health of all concerned; domestic violence, if any, and its impact on the child; and, if the child has been in the care of a de facto custodian, the reasons why and the amount of such care. The court may not consider a parents conduct that does not affect the child; or a parents abandoning the family home to escape physical harm from domestic violence. TOP OF PAGE What is a De Facto Custodian? Under Kentucky law, a person who has provided most of the care and financial support of a child for six months (if the child is
