2014 Kentucky Revised Statutes CHAPTER 405 - PARENT AND CHILD 405.020 Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian.
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405.020 Custody, nurture, and education of minor child -- Physically and
mentally disabled children -- De facto custodian.
(1)
(2)
(3)
(4)
The father and mother shall have the joint custody, nurture, and education of
their children who are under the age of eighteen (18). If either of the parents
dies, the survivor, if suited to the trust, shall have the custody, nurture, and
education of the children who are under the age of eighteen (18). The father
shall be primarily liable for the nurture and education of his children who are
under the age of eighteen (18) and for any unmarried child over the age of
eighteen (18) when the child is a full-time high school student, but not beyond
completion of the school year during which the child reaches the age of
nineteen (19) years.
The father and mother shall have the joint custody, care, and support of their
children who have reached the age of eighteen (18) and who are wholly
dependent because of permanent physical or mental disability. If either of the
parents dies, the survivor, if suited to the trust, shall have the custody, care,
and support of such children.
Notwithstanding the provisions of subsections (1) and (2) of this section, a
person claiming to be a de facto custodian, as defined in KRS 403.270, may
petition a court for legal custody of a child. The court shall grant legal custody
to the person if the court determines that the person meets the definition of de
facto custodian and that the best interests of the child will be served by
awarding custody to the de facto custodian.
Notwithstanding the provisions of subsections (1) and (2) of this section, if
either parent dies and at the time of death a child is in the custody of a de facto
custodian, as defined in KRS 403.270, the court shall award custody to the de
facto custodian if the court determines that the best interests of the child will be
served by that award of custody.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 250, sec. 6, effective July 15, 1998. -Amended 1992 Ky. Acts ch. 434, sec. 4, effective July 14, 1992. -- Amended
1986 Ky. Acts ch. 360, sec. 1, effective July 15, 1986. -- Amended 1968 Ky.
Acts ch. 100, sec. 19. -- Amended 1952 Ky. Acts ch. 138, sec. 1. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2016.
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