A custody order does not always stay the same forever. If a parent relocates, a child’s needs change or another important circumstance arises, Kentucky law may allow a modification. But a parent must meet the requirements under the applicable law.
What changes can justify a modification?
A custody order can be modified in Kentucky, but the court will only consider a change if certain legal requirements are met. Here are some of the main situations that may justify a modification:
- Circumstances have changed since the issuance of the existing order
- The court was not aware of certain facts when it issued the original order
- A parent has moved or relocated
- The child’s schooling, health or daily needs have changed
- Other developments affect the child’s day-to-day life
- The child’s current environment may seriously endanger the child’s health
A custody order cannot be changed solely because a parent missed visitation or child support obligations.
Is there a waiting period?
In general, a parent must wait two years before asking the court to modify a custody order. However, there are exceptions. An earlier request may be permitted if affidavits demonstrate that the child’s current environment poses a risk to their physical, moral, mental, or emotional well-being or if the child has been placed with a de facto custodian.
How does the court decide?
The court reviews the changed circumstances and the child’s best interests. Kentucky law considers factors such as the child’s relationship with each parent, the child’s adjustment to home and school, and the mental and physical health of the people involved.
A parent seeking modification should gather records that support the request. Helpful evidence might include school records, medical records, messages between the parents and information about a move or major change in the child’s life.
When should a parent seek a change?
A parent may consider modification when the current order no longer fits the child’s needs or the family’s situation has changed in a meaningful way. Because Kentucky has strict rules, it helps to review the facts and the existing order before filing. A Kentucky family law attorney can review the situation and explain whether a custody modification request is likely to meet the legal requirements.