How a Domestic Violence Order Affects Child Custody in Kentucky

Kentucky parents going through a separation or divorce should be aware of recent changes to state laws that can impact their family’s safety and child custody arrangements. Anyone with children will benefit from an awareness of their rights in light of Domestic Violence Order (DVO) findings.

When abuse allegations enter a custody case, Kentucky law changes how judges weigh the evidence. Understanding the legal nuances and effectively advocating for one’s interests often requires the skills of a knowledgeable family law attorney.

Kentucky’s Starting Point: Joint Custody

Since 2018 Kentucky has presumed that joint legal custody and roughly equal parenting time serve a child’s best interests. This was codified in KRS 403.270. Parenting arrangements can be challenged by either parent, but courts are expected to order something close to equal custody. 

The major exception to the joint legal custody arrangement is domestic violence. If a parent has a Domestic Violence Order (DVO) entered against them, the joint custody presumption is no longer the standard arrangement and the child’s best interests are prioritized instead. 

What Changed Under Senate Bill 122

The 2026 legislative session updated the law by amending both applicable custody laws, KRS 403.270 and 403.315. The change puts domestic violence at the forefront of child custody considerations rather than treating it as an equal among many factors. The three major changes that Senate Bill 122 made are:

1. Written findings come first. Judges must consider allegations of domestic violence or abuse, putting findings about those allegations on the record before moving on to the other statutory best interest factors. 
2. A new presumption against joint custody. If a parent has committed two or more acts of domestic violence or abuse against the other parent, the law now creates a rebuttable presumption that joint custody and equal parenting time are not in the child’s best interest. The same findings also mean the parent must complete counseling or treatment and can’t be granted unsupervised visitation or custody without a separate evidentiary hearing first. 
3. Protection for the non-offending parent. When the presence of domestic violence has been established, judges may not reduce parenting time and custody with the primary custodial parent with the sole intent to improve the child’s relationship with the offending parent.  

Note that if there are no domestic abuse findings in a case the original joint custody framework still applies as Kentucky’s default. 

How the DVO Hearing Itself Fits In

Many custody disputes involving abuse start with an Emergency Protective Order (EPO), issued on an ex parte basis, meaning the court hears only one side before acting. An EPO lasts up to 14 days, until a full hearing is held where the respondent has the right to appear, present evidence, and cross-examine witnesses before a judge decides whether to enter a DVO lasting up to three years. 

Because many DVO petitions include temporary custody or visitation terms, that hearing often functions as a de facto emergency custody hearing, one reason that attorneys recommend legal representation at that stage rather than waiting for the formal custody case. 

What This Means for Kentucky Parents

For a parent seeking protection, a DVO can be a critical tool for establishing that shared parenting isn’t safe and shifting the legal presumption in their favor. For a parent contesting one, the stakes go well beyond the custody case; a DVO can also affect professional licensing, security clearances, and other areas of life.

Imperiled professional credentials aside, the emphasis in custody cases should zero in on the safety of individuals involved, particularly the children’s. Attorney Rachelle Howell will represent your family’s key concerns before judges that handle all aspects of domestic violence and custody decisions. Call for a consultation.