Divorce can be a stressful process at the best of times. However, when children are involved, tensions can be heightened. Disputes over who has legal custody over the children are often at the heart of divorce proceedings.
Sometimes, parents may be dissatisfied with their parenting time allocation after their divorce. Therefore, it is worth examining whether child custody orders in Kentucky can be modified.
Have two years passed since the order was established?
Typically, the court will not consider modifying a child custody order until two years have passed since it was first put in place. Unfortunately, your dissatisfaction with the arrangement will be of little significance on this issue.
However, the court may consider waiving the two-year rule under very exceptional circumstances. Firstly, they may consider a modification if the current situation of the child is a genuine risk to their physical or emotional health. Secondly, a court may consider implementing a change if the parent has handed the child over to another “defacto” custodian.
For example, the other parent may have some issues with substance abuse and your concern for the welfare of the child may be warranted. Furthermore, you may have found out that your child has been staying with grandparents because the other parent simply “took off.”
There must be a good reason for making the modification
Even if the two-year period has expired, the court is still unlikely to make modifications without a good reason. Decisions implemented by the courts in Kentucky are focussed squarely on the best interests of the child. For that reason, you need to approach your modification request carefully.
Understanding the rules relating to child custody in Kentucky is in your best interests. As a parent, there are legal rights and protections afforded to you.