New Kentucky Laws Now in Effect: What the 2026 General Assembly Changed for Families, Criminal Cases & Estates

The 2026 Regular Session of the Kentucky General Assembly adjourned sine die on April 15, 2026. Legislators filed 1,737 bills this session; 220 of them became law. Unless a bill carried an emergency clause or its own delayed date, those new laws took effect on July 15, 2026 — which means they are the law in Kentucky courtrooms right now.

This post walks through the enacted changes that matter most to the clients Larmour Law serves: parents in custody and dependency cases, people facing criminal charges, and families planning or administering estates. It is drawn from the Administrative Office of the Courts’ summary of 2026 legislation affecting the Judicial Branch and from the final enrolled bills themselves — each bill number below links to the official record at the Legislative Research Commission. It is not a list of every bill that passed; a comprehensive list is available from the Kentucky Secretary of State.

Family Law: Custody, Protective Orders, and Child Welfare

Senate Bill 122 — Domestic Violence Moves to the Front of the Custody Analysis

SB 122 is the family-law bill of the session, and if you have a custody case where domestic violence is in the record — on either side of it — you need to know what it says. As enacted, the bill reaches three areas: custody and parenting time, sentencing for caretakers, and Kentucky’s mental-health proceedings.

The custody and parenting-time changes:

• Written findings on domestic violence come first. KRS 403.270 now requires the court to consider allegations of domestic violence or abuse by one party against the other party or the child, and to make written findings on the record before considering the other best-interest factors.
• A new presumption against joint custody after repeated domestic violence. KRS 403.315 now provides a rebuttable presumption that joint custody and shared equal parenting time are not in the best interests of the child where the court finds that a party has committed two or more acts of domestic violence or abuse against another party. A parent with such findings must undergo counseling or treatment before being awarded custody.
• No punishing the protective parent. A new section of KRS Chapter 403 prohibits removing custody or reducing parenting time from a party solely to improve the child’s relationship with the other party where the court has found domestic violence or abuse. Where a child resists contact with a parent found to be violent or abusive, remediation orders must primarily address that parent’s behavior — not the child’s.
• False allegations cut the other way. Malicious false allegations of child abuse are now an express factor in the custody analysis. Protective findings are powerful, and the legislature paired them with a consequence for manufacturing them.
• Victim advocates in the courtroom. KRS 403.727 and KRS 456.035 now allow victim advocates to attend evidentiary hearings in protective-order proceedings involving minors.
• Effective January 1, 2027: paid visitation supervisors and parenting coordinators in custody proceedings must receive specialized training under KRS 403.290.

To be clear about what did not change: the joint-custody framework of KRS 403.270 remains Kentucky’s default when there are no domestic violence findings. What SB 122 does is flip the presumption in the cases where a court has found repeated domestic violence — and it forces every custody court to deal with those allegations head-on, in writing, before anything else. If you are in an active custody case or considering a modification, and there is a DVO or documented abuse history anywhere in the picture, the analysis your judge applies today is different from the one that applied before July 15.

The caretaker-sentencing piece. SB 122 also amended KRS 533.010 to require sentencing courts to consider a convicted defendant’s status as a caretaker — someone who has consistently assumed responsibility for the housing, health, education, safety, or support of a dependent child, family member, or other reliant person, or a woman who has given birth or remains pregnant while awaiting sentencing. The court may order alternative-sentence programming (substance-use treatment, parenting classes, counseling, vocational training, case management, and more) and may revoke or modify if the defendant fails to abide. For a parent facing a criminal charge, this is a genuinely new tool at sentencing.

The mental-health piece. The bill reworked procedure in KRS Chapter 202C proceedings (and parts of 202A): guardian ad litem duties and pay are now defined, the evidentiary-hearing window extends from 20 to 45 days, an insanity defense is unavailable in these civil proceedings, and after the initial review, subsequent review hearings and competency evaluations move to a two-year cycle. Starting October 1, 2026, the Administrative Office of the Courts must collect and report statewide data on these cases.

House Bill 611 — Assault Convictions Now Operate as Protective-Order Applications

HB 611 creates an automatic bridge between criminal court and protective orders. A judgment of conviction for assault in the first or second degree — or a felony attempt, conspiracy, facilitation, or solicitation to commit those offenses — now operates as an application for a protective order under KRS Chapter 403 or an interpersonal protective order under KRS Chapter 456, unless the victim requests otherwise. The defendant and victim must be family members, members of an unmarried couple, or in a dating relationship. The resulting order can run up to ten years, renewable in increments of up to ten years.

Practically: a victim of serious assault by a partner or family member no longer has to file a separate petition and testify again to get long-term protection, and a defendant considering a plea to assault in the first or second degree needs to understand that a decade-long protective order can now follow the conviction automatically. That changes plea calculus on both sides. Our EPO vs. DVO guide covers how Kentucky’s protective-order system fits together.

House Bill 778 — Child Welfare, Foster Care, and Drug-Endangered Children

HB 778 is a broad child-welfare bill. The pieces most likely to touch families in a dependency or placement case:

• Registry bar on placements. No one may be approved for foster care, relative caregiving, fictive-kin placement, or adoption if that person — or an adult or minor child living in the home — is on the adult or juvenile sex offender registry (KRS 199.462).
• Criminal abuse expanded for drug exposure. KRS 508.100 through 508.120 now expressly reach a child’s inhalation or ingestion of a controlled substance, and placing a child in a situation creating a substantial and unjustifiable risk of serious physical injury.
• School notification for juvenile protective orders. When a child is the respondent or petitioner to a DVO or IPO, the clerk must notify the school superintendent, director of pupil personnel, and the school’s resource officer. Youthful-offender adjudications carry similar expanded notice.
• Diversion transparency. Court-designated workers must summarize each juvenile diversion agreement, with defined access to those summaries.
• Termination-of-parental-rights data. The AOC must now track how long TPR petitions take from filing through final disposition, including appeals — a first step toward accountability on timelines that matter enormously to families.

If you are dealing with a CHFS investigation or a dependency, neglect, and abuse case, HB 778 moved several procedural pieces at once — see also our CPS defense page and what to do when CPS knocks.

Schools and Juveniles: SB 101, SB 170, and HB 448

• SB 101 — mandatory expulsion for assaults on school staff. A student in grades 6 through 12 who brings a weapon to a bus stop, or who intentionally (or recklessly with a deadly weapon) causes or attempts physical injury to a school district employee on school property or at a school function, must be expelled for at least twelve months. School employees must report intentional injury, attempts, assaults, or property damage of $500 or more to law enforcement — failure to report is itself a misdemeanor. There is a pathway for evaluation and early return. A school expulsion case now almost always has a parallel juvenile court dimension; parents should treat the two tracks as one case.
• SB 170 — truancy reform. A new pilot program (SOAR — Supporting Opportunities for Accountability and Restoration) addresses barriers to attendance for truant children, FAIR Team cases move back to the Court Designated Worker’s office, and — significantly — a child alleged or adjudicated a status offender may not be held in secure detention until age fourteen.
• HB 448 — juvenile records. Juvenile-record confidentiality no longer applies to criminal justice agencies conducting basic suitability or fitness assessments for federal or contractor employment. Families should know that a juvenile record can now surface in that specific screening context.

Criminal Law: Stalking Becomes a Felony, Grooming Becomes a Crime

House Bill 521 — The Stalking Rewrite

HB 521 restructured Kentucky stalking law. The offense is now a Class D felony, elevated to a Class C felony where aggravating circumstances are present — violation of a protective order already issued for the same victim, possession of a deadly weapon, or the victim’s reasonable fear of physical injury or death.

The elements: intentionally engaging in a course of conduct directed at another that seriously alarms, annoys, intimidates, or harasses; that serves no legitimate purpose; and that causes the person substantial mental distress and interference with their sense of safety or well-being — with conscious disregard of a substantial and unjustifiable risk of causing that distress. “Course of conduct” was modernized to include following, monitoring, observing, surveilling, threatening, interfering with property, and communication by social media platforms or any other electronic network. “Protective order” now includes interpersonal protective orders and out-of-state civil restraining orders based on domestic or dating violence.

The bill also expanded criminal trespass: knowingly entering or remaining in a workplace while engaging in threatening behavior after notice against trespass is second-degree criminal trespass (KRS 511.070), and repeat trespass offenses within three years now carry escalated penalties (KRS 511.070 and 511.080).

For anyone charged: a stalking arrest now starts life as a felony, with felony bond and a felony record on the line, and the “course of conduct” element — what the messages actually were, when, and why — is where these cases will be won or lost. Preserve everything; delete nothing. For anyone being stalked: the same statute means a pattern of electronic harassment is chargeable in a way it simply was not before, and it connects directly to Kentucky’s protective-order system. Our Class D felony guide explains the sentencing range now attached.

House Bill 4 — Grooming a Minor

Kentucky now has a stand-alone grooming offense in KRS Chapter 510. The penalty structure scales on two axes — the child’s age and the actor’s relationship of authority or special trust:

• Grooming a minor: Class A misdemeanor
• Minor under twelve: Class D felony
• Actor in a position of authority or special trust: Class D felony
• Position of authority or special trust and minor under twelve: Class C felony

The statute contains exceptions for communicating with a minor for any lawful or legitimate purpose, and KRS 510.010 now defines the key terms, including “course of conduct” and “grooming behavior.” These definitions — not the label on the charge — are where any defense begins.

Senate Bill 66 — DUI: Three Drugs Added, and Roadside Breath-Test Rights

SB 66 makes two changes every Kentucky driver should understand:

• The per se drug list grew. KRS 189A.010 now includes clonazepam (Klonopin), cyclobenzaprine (Flexeril), and fentanyl among the controlled substances subject to DUI prosecution. Note that clonazepam and cyclobenzaprine are commonly prescribed medications — if you drive while taking them, talk to your doctor and know how the statute treats your prescription.
• Preliminary breath tests. Refusing a roadside (preliminary) breath test cannot result in suspension of your license by the court at arraignment, and officers must now inform DUI suspects of their rights relating to preliminary breath tests (KRS 189A.100, 189A.105).

The roadside PBT is a different instrument, legally and scientifically, from the evidentiary breath test at the station — the distinction matters, and SB 66 sharpens it. If you are facing a charge, our first-offense DUI guide and DUI arrest checklist walk through the process, and the penalty chart shows what is at stake.

Sentencing and Procedure: HB 422, HB 366, SB 90, and More

• HB 422 — violent offenders and the insanity framework. A person convicted of two or more violent offenses no longer qualifies for mandatory reentry supervision (KRS 439.3406). The definition of insanity in KRS 504.060(7) was tightened, a defendant found guilty but mentally ill who still needs treatment at the end of the sentence must be the subject of an involuntary-hospitalization petition (KRS 504.150), and a jury may no longer return an insanity acquittal on one count while convicting on another count arising from the same course of conduct in the same trial (KRS 504.120). For any case near the insanity-defense line, both trial strategy and the post-sentence picture changed.
• HB 366 — computer-generated images and 85% service. KRS 531.335 (possession or viewing of matter portraying a sexual performance by a minor) now expressly covers computer-generated images of a minor — the AI-image question is answered — and anyone convicted must serve at least 85% of the sentence before probation or parole. That 85% floor transforms the plea math in these cases.
• SB 90 — behavioral health conditional dismissal extended. The pilot program letting eligible defendants earn dismissal of qualifying charges through behavioral-health treatment (KRS 533.272) is extended to January 1, 2031, in up to twenty counties, with expanded recidivism reporting. If you have a client — or a family member — whose charge is driven by addiction or mental illness, whether the county participates is worth checking early. Compare Casey’s Law on the civil side.
• SB 104 — impeding a first responder. After a verbal warning, knowingly approaching or remaining within 25 feet of a first responder performing their duties — with intent to impede, threaten, or harass — is a Class B misdemeanor (Class A for a second or third offense, Class D felony after that).
• HB 188 — assault on healthcare workers. Third-degree assault (KRS 508.025) now covers causing or attempting physical injury to a healthcare provider working in a jail, prison, detention, or juvenile facility.
• HB 264 — real-estate listing fraud. Listing or advertising real property for sale, lease, or rent without legal title or authority now carries a statutory presumption of deception under the theft-by-deception statute (KRS 514.040) — aimed squarely at online listing scams.
• HB 305 — grand jury secrecy, criminalized. Knowingly recording any part of a grand jury proceeding is a Class A misdemeanor; knowingly disclosing or disseminating grand jury testimony, evidence, or information is a Class D felony — one class higher for public servants. Witnesses and anyone else present need to understand this before they talk.

Probate & Estates: Senate Bill 50 Rewrites Who Inherits

SB 50 is the largest overhaul of Kentucky probate law in decades, and it is the one law on this page that affects every Kentucky family — because it changes what happens when someone dies without a will.

• Intestate succession reordered. KRS 391.010’s order of succession now prioritizes the surviving spouse, adds stepchildren to the line of succession, and removes more distant relatives. The bill also specifies the surviving spouse’s share of real property in an intestate estate and revises the spouse’s share of surplus personalty and surplus real estate under KRS 392.020.
• Recorded wills. KRS 394.300 now sets how long a county clerk must hold a recorded will and to whom it is returned when that period expires.
• Probate administration streamlined. Amendments across KRS Chapter 395 establish requirements for appointment as a fiduciary, confidentiality protections for estate assets, when an appointment hearing may be waived, and — a small change with large practical effect — a written declaration under penalty of perjury may substitute for a sworn oath where the court accepts it.

Here is why this matters even if you think you are covered. Under the old rules, a surviving spouse in Kentucky could find themselves sharing an intestate estate with their late spouse’s relatives in ways that surprised nearly everyone who encountered them — it has long been one of the most common unpleasant surprises in Kentucky probate. The new order of succession is closer to what most families assume the law already was. But “closer to what you assume” is not a plan: if you die without a will, the statute still decides, stepchildren now inherit in circumstances where they previously did not, and blended families in particular should look at what the new defaults do to their situation. If your estate plan — or your decision not to make one — was built on the old intestacy rules, this is the year to review it. Our guides to Kentucky wills and the probate process cover the fundamentals.

Civil Quick Hits

• HB 78 — firearm-industry liability (emergency, effective on becoming law). Kentucky now bars most civil actions against firearm and ammunition manufacturers, sellers, and trade associations arising from a third party’s criminal misuse of a firearm, with heightened pleading requirements for the actions that remain.
• HB 542 — eminent domain (emergency, effective on becoming law). Condemnors face new requirements — including a sworn report justifying condemnation of conservation-easement land, a property owner’s right to an independent certified appraisal within 60 days of the initial offer, and dismissal with costs and attorney fees where the condemnor violates the acquisition rules. Improvements existing when the action is filed now count in fair market value.
• SB 195 — contractor liability. Contractors gain protection from third-party claims arising from the contracting entity’s own design decisions or conditions outside the project’s scope.
• SB 153 — post-disaster contractor fraud. New prohibitions on cancellation fees under unenforceable contracts, restrictions on contractor marketing, Attorney General enforcement, and a 90-day bar on in-person solicitation in declared-emergency areas without the owner’s prior approval.

Frequently Asked Questions

When did Kentucky’s new 2026 laws take effect?

The 2026 Kentucky General Assembly adjourned sine die on April 15, 2026. Bills passed without an emergency clause took effect on July 15, 2026. A handful of provisions carry their own dates: certain court data-collection requirements begin October 1, 2026, the specialized training requirement for paid visitation supervisors and parenting coordinators takes effect January 1, 2027, and bills with emergency clauses — such as the firearm-industry liability act and the eminent domain reforms — took effect immediately when they became law.

Did Kentucky custody law change for domestic violence cases in 2026?

Yes. Senate Bill 122 amended KRS 403.270 and KRS 403.315. Courts must now consider allegations of domestic violence or abuse and make written findings on the record before weighing the other custody factors, and there is a rebuttable presumption that joint custody and shared equal parenting time are not in the best interests of the child where the court finds a party has committed two or more acts of domestic violence or abuse. A parent with such findings must undergo counseling or treatment before being awarded custody. The law also prohibits removing custody or reducing parenting time solely to improve the child’s relationship with the other parent where domestic violence has been found, and it adds malicious false allegations of child abuse as a custody factor.

Is stalking now a felony in Kentucky?

Yes. Under House Bill 521, effective July 15, 2026, stalking is a Class D felony, and it becomes a Class C felony with aggravating circumstances such as violating a protective order covering the same victim, possessing a deadly weapon, or causing the victim reasonable fear of physical injury or death. The definition of “course of conduct” now expressly includes following, monitoring, observing, surveilling, threatening, interfering with property, and communication through social media platforms or any other electronic network.

What is Kentucky’s new grooming law?

House Bill 4 created the offense of grooming a minor in KRS Chapter 510, effective July 15, 2026. Grooming a minor is a Class A misdemeanor, escalating to a Class D felony if the minor is under twelve. If the actor is in a position of authority or special trust the offense is a Class D felony — or a Class C felony if the minor is under twelve. The statute provides exceptions for persons communicating with a minor for a lawful or legitimate purpose, and it defines key terms including “course of conduct” and “grooming behavior.”

Did Kentucky’s DUI law change in 2026?

Yes. Senate Bill 66 amended KRS 189A.010 to add clonazepam, cyclobenzaprine, and fentanyl to the list of controlled substances subject to per se DUI prosecution. It also amended KRS 189A.100 and 189A.105 so that refusing a preliminary (roadside) breath test cannot result in license suspension at arraignment, and it requires law enforcement to inform a DUI suspect of his or her rights relating to preliminary breath tests.

Did Kentucky change who inherits when someone dies without a will?

Yes. Senate Bill 50, effective July 15, 2026, is the most significant rewrite of Kentucky probate and intestate succession law in decades. It revises the order of intestate succession in KRS 391.010 to prioritize the surviving spouse, adds stepchildren to the line of succession, and removes more distant relatives. It also revises the surviving spouse’s share under KRS 392.020, sets how long a county clerk holds a recorded will, updates fiduciary appointment requirements, and allows a written declaration under penalty of perjury in place of a sworn oath in many probate filings. If your estate plan assumed the old intestacy rules, it is worth a review.

Do assault convictions now automatically create protective orders in Kentucky?

In qualifying cases, yes. Under House Bill 611, a judgment of conviction for assault in the first or second degree — or a felony attempt, conspiracy, facilitation, or solicitation to commit those offenses — operates as an application for a protective order under KRS Chapter 403 or an interpersonal protective order under KRS Chapter 456, unless the victim requests otherwise. The relationship between the defendant and the victim must meet the definition of family member, member of an unmarried couple, or dating relationship. The resulting order may be effective for up to ten years, with renewals in increments of up to ten years.

How Larmour Law Can Help

Every one of these laws is now live in central Kentucky courtrooms — Scott County and the surrounding counties where Larmour Law practices. If you have a pending custody case with domestic violence in the record, a criminal charge filed near the July 15 line, a family member navigating a school expulsion or CHFS investigation, or an estate plan (or no estate plan) built on the old inheritance rules, the framework that applies to you changed this summer.

Call 859-813-5614 or contact the firm online to schedule a consultation. Consultations for family law, criminal defense, probate, guardianship, or estate planning are $175.

This summary is for informational and educational purposes only and does not constitute legal advice or create an attorney-client relationship. It is based on the Administrative Office of the Courts’ summary of 2026 legislation affecting the Judicial Branch and the enrolled bills as published by the Kentucky Legislative Research Commission, current as of the publication date above. It is not a comprehensive list of all 2026 legislation. Bills without an emergency clause took effect July 15, 2026; emergency and delayed effective dates are noted where applicable. Consult counsel regarding the facts of your matter.

Related Reading

• 2026 Kentucky Legislative Session Overview
• Orders of Protection (DVO/IPO/EPO)
• EPO vs. DVO in Kentucky
• Child Custody in Kentucky
• Custody Modification
• Dependency, Neglect & Abuse Cases
• Class D Felony in Kentucky
• First-Offense DUI in Kentucky
• Juvenile Law
• Wills in Kentucky
• The Kentucky Probate Process
• Estate Planning Overview