Can I modify a child custody arrangement?

On Behalf of | Nov 11, 2022 | Family Law |

Child custody modifications are not always straightforward in Kentucky. According to Kentucky Legislature, a custody decree must remain in place for at least two years after the date of establishment unless the child’s well-being is at risk.  If evidence proves a threat to the child’s safety, the court may reopen the case to consider a modification of the custody decree.  Modification of custody differs from a modification of parenting time or visitation, which does not have the same requirement.  A modification of custody is with regard to decision making rights over the child.

Modifications before two years pass

To demonstrate that your child’s custody arrangement threatens their safety, you must provide proof to support your claim. This proof might be:

  • Photographic evidence of injuries
  • Testimonies from doctors, teachers or other professionals
  • Explanation of the other parent’s desire to alienate the child
  • Evidence of substance abuse or other criminal activity
  • Documentation that shows a violent relative recently moved into the household

Modifications after two years pass

Modification requests do not require an imminent threat to your child if the arrangement is two years old. If you or your child experience a significant life change, a modification might be in your child’s best interest. Still, a court will not approve your modification request because you simply ask for it. Your best course of action is to approach your ex-spouse and get them to agree with your proposal. However, sometimes the other parent objects. In this case, you need to go to court and submit your argument.

Modifying your child custody arrangement might be necessary. However, you need to present a compelling case to the court before they grant you the modification. You cannot get a change without demonstrating that it is in your child’s best interest.

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