AN ACT relating to children.

2026 Regular Session Introduced by Danny Carroll

SB 229 reinforces joint custody and parental responsibility, and allows de facto custodians to petition for legal custody if it serves the child’s best interests.

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Summary of SB 229 (2026RS) – Kentucky

Purpose

SB 229 seeks to clarify and expand custody-related provisions for Kentucky families, with a focus on parental joint custody, child support and nurture, and scenarios involving de facto custodians. The bill revises existing statutes to address custody when a parent dies, when a child has special needs, and when a de facto custodian seeks legal custody.

Key Provisions

Joint custody and parental responsibilities (KRS 405.020(1))

Reinforces that both father and mother share joint custody, nurture, and education of children under 18.
If a parent dies, the surviving parent assumes custody, nurture, and education if suited to the trust.
Each parent remains primarily liable for the nurture and education of their own child under 18. This includes responsibility for a child over 18 who is a full-time high school student, continuing through the end of the school year in which the child turns 19.

Joint custody, care, and support for disabled or dependent children (KRS 405.020(2))

For children 18 and older who are wholly dependent due to permanent physical or mental disability, both parents share custody, care, and support.
If a parent dies, the surviving parent, if suited to the trust, takes custody, care, and support.

De facto custodian provisions (KRS 405.020(3))

A person recognized as a de facto custodian (as defined in KRS 403.270) can petition for legal custody.
Courts must grant legal custody to a qualifying de facto custodian if it serves the child’s best interests.

De facto custodian in death scenarios (KRS 405.020(4))

If a parent dies and the child is in the custody of a de facto custodian at the time of death, the court must award custody to that de facto custodian if doing so is in the child’s best interests.

Who Would Be Affected

Families with minor children (under 18) navigating custody arrangements and parental responsibilities.

Families with children who have disabilities who are 18 or older and wholly dependent.

De facto custodians (e.g., non-biological guardians who have functionally cared for a child) seeking formal legal custody recognition.

Surviving parents in the event of a death, particularly where custody arrangements involve a de facto custodian or a dependent child.

Procedural and Timeline Aspects

The bill outlines the standards by which courts should determine custody in various circumstances (death of a parent, disability, de facto custodian status).

It enables de facto custodians to petition for legal custody and directs courts to award custody based on the best interests of the child.

The effective date and specific transition timelines are not specified in the text provided; assuming passage, provisions would take effect per standard enactment timing in Kentucky law.

Notes

The bill reinforces the primacy of joint parental responsibility while providing pathways for de facto custodians to obtain formal custody when in the child’s best interests.

It does not appear to alter child support amounts directly but emphasizes custody and care responsibilities across scenarios.