How to File for Custody in Kentucky

Filing for child custody in Kentucky means navigating a specific sequence of forms, fees, and deadlines — and getting any of them wrong can delay your case by weeks. Here's the step-by-step process, whether you're filing as part of a divorce or as an unmarried parent seeking a standalone custody order.

Before You File: Residency Requirements

Kentucky has strict residency thresholds that must be met before the court has jurisdiction:

• Married parents filing for divorce: At least one spouse must have lived in Kentucky continuously for a minimum of 180 days immediately before filing.
• Unmarried parents filing for custody: The child must have lived in Kentucky for at least six months, or since birth if the child is younger than six months. If paternity hasn't been established, you may need to file a paternity action concurrently.

These requirements are jurisdictional — if you file too early, the case can be dismissed entirely.

Step 1: Prepare Your Forms

Kentucky's Administrative Office of the Courts (AOC) provides all required forms free online through the Self-Help Portal at kycourts.gov. The core forms you need:

• AOC-238 — Petition for Dissolution of Marriage (if filing within a divorce)
• AOC-105 — Civil Case Cover Sheet
• AOC-FC-3 — Case Data Information Sheet
• VS-300 — Divorce Certificate (filed with the Cabinet for Health and Family Services)
• AOC-152 — Child Support Worksheet (required in any case involving minor children)
• AOC-100 — Civil Summons (for serving the other parent)

If you're an unmarried parent filing a standalone custody petition rather than a divorce, you'll file a Petition for Custody instead of the AOC-238, but the supporting forms are similar.

One critical compliance detail: under Kentucky Rule of Civil Procedure CR 7.03, you must redact sensitive information on all filings. That means using birth years only (not full dates of birth), last four digits only of financial accounts, and initials only for minor children's names. The free court forms don't walk you through this — and missing these redactions can trigger a filing rejection.

Step 2: File with the Circuit Court Clerk

Take your completed forms to the Circuit Court Clerk in the county where you or your child resides. Attorneys must e-file through the KCOJ eFlex system, but self-represented filers can generally submit paper copies.

Filing fees range from $113 to $250 depending on the county — the base fee is standard statewide, but local law library surcharges and technology fees vary. If you can't afford the fee, file an AOC Motion to Waive Costs with a supporting financial affidavit. The judge can waive fees for indigent filers.

Step 3: Serve the Other Parent

After filing, you must formally serve the other parent with copies of all filed documents. This step is legally required to establish court jurisdiction and starts the 60-day waiting period for cases with minor children.

You have three service options:

1. County Sheriff — the most common method. Costs $30 to $60. The sheriff delivers the documents in person and files proof of service with the court.
2. Certified mail — less common but allowed in some counties.
3. Waiver of service (AOC-252.1) — if the other parent agrees to cooperate, they can sign a waiver acknowledging receipt without needing formal service. This saves time and money.

The other parent has 20 days from the date of service to file a response. If they don't respond within that window, you can seek a default judgment.

Step 4: The 60-Day Waiting Period

When minor children are involved, Kentucky law under KRS 403.044 imposes a mandatory 60-day waiting period before the divorce can be finalized. The clock starts on the date the other parent is served, signs a waiver of service, or enters an appearance — not from the date you file.

During this period, no testimony other than temporary motions can be heard. The 60 days cannot be waived or shortened, even if both parents agree on everything.

This waiting period is when most of the actual custody work happens: preparing your parenting plan, attending mandatory parenting classes, exchanging financial disclosures (due within 45 days of service), and potentially going through mediation.

Step 5: Parenting Classes and Financial Disclosure

Parenting education is required in most Kentucky judicial circuits. You'll typically need to enroll within 30 days of the court order and complete the course within 60 days. Costs range from $25 to $75 per parent. Some circuits accept online courses like "Children in Between," while others require in-person instruction through the "Families in Transition" program. Check with your local clerk for approved providers.

Financial disclosures — both parents must exchange verified lists of assets, debts, and income within 45 days of service. These documents are exchanged between parties, not filed in the public record.

Step 6: Resolution — Agreed or Contested

If you and the other parent agree on custody, support, and property division, you can submit a signed Separation Agreement (AOC-252.4) along with a completed Child Support Worksheet after the 60-day period ends. Uncontested cases can sometimes be finalized on written interrogatories without an in-person hearing.

If you can't agree, the case enters a contested track that includes a mandatory Case Management Conference, court-ordered mediation, and potentially a trial. Contested cases typically take 6 to 24 months to resolve.

Next Steps

The Kentucky Child Custody & Parenting Plan Guide walks you through each step of this process with filing checklists, schedule comparison worksheets, and a parenting plan template that aligns with what Kentucky family court judges expect to see.

See more Kentucky guides →