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When can you modify child custody in Kentucky?

On Behalf of | May 3, 2021 | Child Custody And Divorce

Once you have a child custody order in place in Kentucky, you and your child’s other parent must abide by its terms unless one of you requests a custody modification and the family court system grants it. If one of you does want to request a review of your existing child custody order, there is a certain process you must follow when doing so.

Per the Kentucky General Assembly, you or your child’s other parent must wait at least two years to request a child custody modification in Kentucky, unless certain circumstances exist.

Exceptions to the two-year timeline

Kentucky parents do not have to wait two years to request a child custody modification if one of two circumstances are present. You or your child’s other parent may request a custody review if the child’s primary custodian has since placed the child in the care of a de facto custodian. You or the other parent may also ask for a review of your child custody order if you believe your son or daughter’s current living environment poses a danger to him or her.

Factors that help determine whether to modify custody

If your situation meets one of the above circumstances, Kentucky courts may consider a similar set of factors when deciding whether to change your current custody order. These variables include whether the existing custodian is on board with the proposed change and whether the custodian has allowed the child to integrate into the other parent’s family. Courts also consider certain variables that help determine your child’s best interests when deciding whether to change custody.

If both parents agree to the proposed custodial change, you may together sign an agreement and file it in court. If you disagree, you may need to request a hearing.