Domestic Violence and Joint Custody in Kentucky: What the Amended KRS 403.315 Requires

Since 2018, every Kentucky custody case has started from the same place: a presumption that joint custody and equally shared parenting time are in the child’s best interests. That starting point is still in KRS 403.270(2). But it now carries a qualifier — “Subject to KRS 403.315” — and as of July 15, 2026, KRS 403.315 has real teeth.

Senate Bill 122 (2026 Ky. Acts ch. 92) rewrote how Kentucky courts handle custody when there is domestic violence in the record. Where a court finds that a parent committed two or more acts of domestic violence and abuse against the other party, the presumption now runs against joint custody, and that parent cannot receive custody or even unsupervised visitation until they complete a specific list of programs and go through additional hearings.

We covered SB 122 briefly in our roundup of new Kentucky laws now in effect. This guide goes deeper into how the amended statute actually works, step by step, whichever side of it you are on.

What KRS 403.315 Says Now

KRS 403.315 was created in 2018 alongside Kentucky’s joint custody presumption. SB 122 kept the original rule as subsection (1) and added two new subsections. The new language reads:

“(2) There shall be a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is not in the best interests of the child if the court finds that a party has committed two (2) or more acts of domestic violence and abuse as defined in KRS [403.720] against another party.

(3)(a) The court shall not make an award of custody or grant unsupervised visitation with the child to a party who is found to have committed two (2) or more acts of domestic violence and abuse as defined in KRS 403.720 against another party unless that party has: 1. Completed: a. A batterer’s intervention program provided by a certified provider …; b. Parenting classes; and c. Substance use and mental health assessments and any recommended corresponding treatments; and 2. Participated in supervised visitation. (b) Following a party’s completion of the requirements in paragraph (a) of this subsection, the court shall conduct an evidentiary hearing before ordering unsupervised visitation to that party and a second or subsequent hearing before awarding custodial rights to that party.”

You can read the full current text of KRS 403.315 on the Kentucky General Assembly’s website.

A note on the cross-reference in subsection (2): the compiled statute on the legislature’s website cites “KRS 403.270” there. The enacted bill (2026 Ky. Acts ch. 92, § 5) cites KRS 403.720, which is the statute that actually defines “domestic violence and abuse,” and subsection (3) of the same statute cites 403.720 as well. We have bracketed the correction above.

Three Levels of Domestic Violence, Three Different Rules

The easiest way to understand the amended statute is as three tiers. Which tier applies depends on what is in the record and what the court finds.

Level 1: A DVO Has Been Entered — the Joint Custody Presumption Does Not Apply

Under KRS 403.315(1), if a domestic violence order “is being or has been entered” against a party — either by the other party or on behalf of a child at issue in the custody case — the joint custody and equal parenting time presumption does not apply to that party. The court must consider the safety and well-being of the parties and the children, and weigh all of the KRS 403.270 factors.

This is the part of the statute that existed before 2026. It does not create a presumption against the parent with the DVO. It simply takes away the head start. It applies when a court is determining or modifying custody under KRS 403.270, 403.280 (temporary custody), 403.340 (modification), or 403.740 (the DVO statute itself).

Level 2: Two or More Acts — a Presumption Against Joint Custody

Under new KRS 403.315(2), if the court finds that a party has committed two or more acts of domestic violence and abuse against another party, the law presumes that joint custody and equally shared parenting time are not in the child’s best interests. The presumption can be rebutted, but only by a preponderance of the evidence, and the burden is on the parent it works against.

Three details matter here:

• It counts acts, not orders. One DVO might rest on one incident or on several. What matters is how many qualifying acts the court finds.
• The acts must meet the KRS 403.720 definition of domestic violence and abuse: physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or strangulation.
• A DVO is not required. The statute turns on what “the court finds.” The custody court can make that finding itself, from the evidence in the custody case.

Level 3: The Gate — No Custody or Unsupervised Visitation Until Conditions Are Met

New KRS 403.315(3) is the most significant change in the bill. Once a party is found to have committed two or more acts of domestic violence or abuse against another party, the court “shall not” award that party custody or grant unsupervised visitation unless the party has completed every requirement below. This is a mandatory bar, separate from the presumption in Level 2. Rebutting the presumption does not open the gate on its own.

What a Parent Must Complete Before Unsupervised Visitation or Custody

A parent found to have committed two or more acts must complete all of the following:

1. A batterer’s intervention program provided by a certified provider.
2. Parenting classes.
3. Substance use and mental health assessments, plus any treatment those assessments recommend.
4. Supervised visitation — the parent must actually participate in supervised time with the child.

Completing the list is not the end. KRS 403.315(3)(b) then requires two separate court steps:

• An evidentiary hearing before the court can order unsupervised visitation; and
• A second or subsequent hearing before the court can award custodial rights.

In practice, that means a parent with these findings moves through the process in stages: supervised time first, then a hearing on unsupervised time, then a later hearing on custody. Each step requires proof.

A note on the statute’s text: the enacted bill says the batterer’s intervention provider must be certified “pursuant to 920 KAR 5:020.” The Legislative Research Commission has noted that no regulation by that number exists and that 922 KAR 5:020 appears to be the one intended, though that is not clear from the text of the Act. If you are choosing a program, confirm with your attorney that the provider holds the certification the court will expect.

Domestic Violence Now Comes First in Every Custody Case

SB 122 also changed the order in which a Kentucky judge decides custody. Under amended KRS 403.270(3), before considering any of the usual best-interest factors, the court must:

• Consider any allegations of domestic violence and abuse (as defined in KRS 403.720) or of an abused or neglected child (as defined in KRS 600.020) committed by one party against another party or a child of the parties; and
• Make written findings on the record about the impact, if any, of those allegations on the child.

Only then does the court move to the other factors in KRS 403.270(4). Several of those factors also speak to domestic violence:

• The court must determine how any domestic violence has affected the child and the child’s relationship with each party, giving due consideration to a party’s efforts to complete domestic violence treatment, counseling, or a program (KRS 403.270(4)(g)).
• A finding that a party maliciously made an intentionally false allegation of child abuse is now an express factor (KRS 403.270(4)(h)).
• The “friendly parent” factor — how likely a party is to allow frequent, meaningful contact with the other parent — is not considered where the other parent committed domestic violence and a continuing relationship would endanger the party or the child (KRS 403.270(4)(l)).

The practical result: an allegation of domestic violence cannot be passed over or folded quietly into the rest of the analysis. The judge has to address it first, in writing.

Protecting the Non-Offending Parent: New KRS 403.317

SB 122 also created a new statute, KRS 403.317. It applies in any custody proceeding where the court has found that a party committed domestic violence and abuse against another party or a child of the parties. In those cases:

• The court shall not remove custody from, or reduce the parenting time of, the non-offending parent the child is bonded to, if the court finds that the non-offending parent is competent and not abusive and that the change would be solely to improve the child’s relationship with the offending parent.
• Any order to address a child’s resistance to contact with a violent or abusive parent must primarily address that parent’s behavior.

This matters in cases where a child refuses visits and the parent found to be abusive asks the court to shift custody or order reunification-style remedies aimed at the child or the protective parent. The statute points the court back at the conduct that caused the problem.

Supervised Visitation Supervisors Must Be Trained Starting January 1, 2027

Because the new law routes many parents through supervised visitation, who supervises matters. Beginning January 1, 2027, amended KRS 403.290 requires paid visitation supervisors and parenting coordinators in Kentucky custody cases — whether court-appointed or hired by the parties — to document 16 hours of initial training and 8 hours annually after that. The training must cover child and adolescent development, the dynamics and effects of domestic violence, lethality and risk, model protocols, community resources and victim services, and, for supervisors, the ethics of supervising visitation.

Until that date, the training requirement is not yet in force. If supervised visitation is part of your case now, it is still worth asking about the supervisor’s background and training.

Open Questions Under the New Law

Because these amendments took effect only on July 15, 2026, early cases are likely to test questions such as:

• Timing. How the new subsections apply to acts that occurred, or orders that were entered, before July 15, 2026, and to motions to modify existing custody orders.
• Counting acts. How courts count separate “acts” when the evidence describes an ongoing course of conduct, and how prior findings in a DVO case carry over into the custody case.
• “Against another party.” Subsections (2) and (3) speak of acts against another party to the custody case. Abuse directed at a child is addressed through KRS 403.270(3), KRS 403.317, and, where appropriate, a dependency, neglect, or abuse case.

If your case turns on any of these, get advice specific to your facts. The answer may change the whole strategy.

If You Are the Parent Who Experienced Domestic Violence

• Document each incident separately. Because the statute counts acts, dates, details, photographs, medical records, police reports, texts, and witnesses for each incident matter more than ever.
• Raise the allegations in the custody case. KRS 403.270(3) requires the court to address them first and in writing. Make sure the court has the evidence it needs to make specific findings.
• Protect yourself now. If you are in danger, an EPO and DVO can provide immediate protection. If you are seeking protection for your children too, remember that Kentucky courts require child-specific evidence before a DVO can extend to them.
• Ask about supervised visitation terms. Where and how supervised time happens, and who supervises, can be addressed in the order.

If You Have Been Accused of Domestic Violence

• Treat the DVO hearing as a custody hearing. Findings made at a DVO hearing can follow you into the custody case. Our guide on defending against an EPO at the DVO hearing explains what happens there.
• Understand what a finding of two or more acts would mean. It shifts the burden to you and blocks custody and unsupervised time until every requirement and hearing in KRS 403.315(3) is complete. That can take months.
• Talk to your attorney before you agree to anything. Agreed orders, admissions, and even how an incident is described in a filing can affect how many acts a court finds.
• Comply with every existing order. Violating an EPO or DVO is contempt of court and may be a separate crime, and it will be used against you in the custody case.

Frequently Asked Questions

Can you get joint custody in Kentucky if there is a DVO against you?

A DVO does not automatically bar joint custody, but it removes your head start. Under KRS 403.315(1), if a domestic violence order is being or has been entered against you by the other party or on behalf of the child, Kentucky’s presumption that joint custody and equal parenting time are in the child’s best interests does not apply to you. The court decides custody on all of the best-interest factors in KRS 403.270 instead. If the court also finds that you committed two or more acts of domestic violence and abuse against the other party, the stricter rules in KRS 403.315(2) and (3) apply.

What does KRS 403.315 say about domestic violence and custody?

As amended effective July 15, 2026, KRS 403.315 does three things. It turns off the joint custody presumption for a party who has a domestic violence order entered against them. It creates a rebuttable presumption that joint custody and equally shared parenting time are not in the child’s best interests when the court finds a party committed two or more acts of domestic violence and abuse against another party. And it bars the court from awarding custody or unsupervised visitation to that party until they complete a batterer’s intervention program, parenting classes, and substance use and mental health assessments with any recommended treatment, participate in supervised visitation, and then go through additional court hearings.

What counts as two or more acts of domestic violence under KRS 403.315?

The statute counts acts, not court orders. Each act must meet the definition of domestic violence and abuse in KRS 403.720, which includes physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or strangulation. The acts must be committed against another party to the custody case, and the court must make a finding that they occurred. A DVO is not required for the court to make that finding in the custody case itself.

What does a parent have to do before getting unsupervised visitation after domestic violence findings?

Under KRS 403.315(3), a parent found to have committed two or more acts of domestic violence and abuse against another party must complete a batterer’s intervention program from a certified provider, complete parenting classes, complete substance use and mental health assessments and any recommended treatment, and participate in supervised visitation. After that, the court must hold an evidentiary hearing before ordering unsupervised visitation, and a second or later hearing before awarding custodial rights.

Can the presumption against joint custody be overcome?

Yes. The presumption in KRS 403.315(2) is rebuttable by a preponderance of the evidence. But rebutting it does not skip the separate requirements in KRS 403.315(3). A parent found to have committed two or more acts still cannot receive custody or unsupervised visitation until those programs, supervised visitation, and the required hearings are completed.

When did the new Kentucky domestic violence custody law take effect?

The amendments to KRS 403.315 and KRS 403.270, and the new KRS 403.317, were enacted by Senate Bill 122 (2026 Ky. Acts ch. 92) and took effect July 15, 2026. A separate part of the same bill requiring training for paid visitation supervisors and parenting coordinators under KRS 403.290 takes effect January 1, 2027.

Does a Kentucky custody court have to consider domestic violence first?

Yes. Under KRS 403.270(3), before weighing any other best-interest factor, the court must consider any allegations of domestic violence and abuse or child abuse or neglect committed by one party against another party or a child of the parties, and make written findings on the record about the impact, if any, of those allegations on the child.

How Larmour Law Can Help

Custody cases involving domestic violence are where these new rules will be fought out, and the outcome often turns on the details: how many acts the evidence supports, what the court writes in its findings, and how the supervised-visitation and hearing requirements are structured in the order. Attorney Ashley Larmour serves on the Kentucky Bar Association’s Child Protection & Domestic Violence Committee, is a certified Kentucky guardian ad litem and state-certified family mediator, and handles custody, protective order, and dependency cases throughout Central Kentucky. She represents parents on both sides of these questions.

If domestic violence is part of your custody case, whether you are seeking protection or responding to allegations, call 859-813-5614 or contact the firm online to schedule a consultation. Family law consultations are $175. You may also want to read our guides on how to prepare for a custody hearing and custody modification. In Georgetown and Scott County, see our Georgetown child custody attorney page.

This article is general information about Kentucky law and is not legal advice. The 2026 amendments are new, and Kentucky’s appellate courts will shape how they are applied. For advice about your specific situation, consult a licensed Kentucky attorney.

Key authorities: KRS 403.315; KRS 403.270; KRS 403.317; KRS 403.290; KRS 403.720; 2026 Ky. Acts ch. 92 (SB 122).