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SB229 • 2026
AN ACT relating to children.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
AN ACT relating to children.
introduced in Senate to Committee on Committees (S)
AN ACT relating to children.
UNOFFICIAL COPY 26 RS BR 2306 Page 1 of 1 XXXX 2/24/2026 10:12 AM Jacketed AN ACT relating to children. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 405.020 is amended to read as follows: 3 (1) The father and mother shall have the joint custody, nurture, and education of their 4 children who are under the age of eighteen (18). If either of the parents dies, the 5 survivor, if suited to the trust, sha ll have the custody, nurture, and education of the 6 children who are under the age of eighteen (18). The father and mother shall be 7 primarily liable for the nurture and education of his or her children who are under 8 the age of eighteen (18) and for any unma rried child over the age of eighteen (18) 9 when the child is a full -time high school student, but not beyond completion of the 10 school year during which the child reaches the age of nineteen (19) years. 11 (2) The father and mother shall have the joint custody, care, and support of their 12 children who have reached the age of eighteen (18) and who are wholly dependent 13 because of permanent physical or mental disability. If either of the parents dies, the 14 survivor, if suited to the trust, shall have the custody, car e, and support of such 15 children. 16 (3) Notwithstanding the provisions of subsections (1) and (2) of this section, a person 17 claiming to be a de facto custodian, as defined in KRS 403.270, may petition a 18 court for legal custody of a child. The court shall grant legal custody to the person if 19 the court determines that the person meets the definition of de facto custodian and 20 that the best interests of the child will be served by awarding custody to the de facto 21 custodian. 22 (4) Notwithstanding the provisions of su bsections (1) and (2) of this section, if either 23 parent dies and at the time of death a child is in the custody of a de facto custodian, 24 as defined in KRS 403.270, the court shall award custody to the de facto custodian 25 if the court determines that the bes t interests of the child will be served by that 26 award of custody. 27