Modifying Child Custody or Support Orders in Kentucky

As a parent, you want to be able to provide a loving and safe environment for your children to grow up in. As a result, altering child custody arrangements may be necessary to make this possible. However, once a child custody order is in place in Kentucky, there are certain procedures you will have to go through if you want to modify the custody schedule or the support order. In the below post, we will go over the scenarios when it is appropriate to request custody modification in Kentucky and how to go about doing so. 

Modifying a Custody or Support Order in Kentucky

Child custody arrangements in Kentucky can be modified if necessary. For instance, if the initial custody determination puts the child’s mental, physical, or emotional health at risk, a person can request a modification within the first two years. After two years, the court can modify custody if it is deemed to be in the child’s best interest.

In addition, parents may also request a modification to the custody order as children get older or there are concerns about the child’s mental or physical health, such as in cases of domestic violence or if a parent decides to relocate.

How Do Parents Modify a Child Custody Order

Modifying a custody order is a significant decision that should not be taken lightly. Unless a child’s health is at risk, parents generally need to wait at least two years from when the original order was created to proceed with the modification. However, if you are considering modifying your child’s custody or want to know whether it is necessary to wait two years before doing so, consider discussing your situation with an experienced family law attorney. These legal professionals can help not only protect your legal rights but also provide you with the necessary information and guidance you need.

When Do Courts Grant Custody Modification?

Courts will usually consider various factors to determine whether they should grant custody modifications. These factors include the following: 

• Did the other parent agree to the custody modification? 
• Is the custody modification in the best interest of the child?
• Is the child in danger?
• Is the child with a defacto custodian?
• Will the negatives of the change outweigh the positives that can come from the modification?

The court will also examine various factors to decide if a child’s environment is in their best interest. These factors include the health of all parties involved, the relationship between the child and each parent, the presence of any domestic violence, and whether one or both parents failed to follow the terms of the current order. It is also recommended that parents continue to follow the current order until the court officially grants a modification. 

Contact Hoffman Walker & Knauf Today To Learn More About Modifying Child Custody in Kentucky

If you are considering modifying child custody or support orders in Kentucky or want to learn more about the process, contact Hoffman Walker & Knauf today and learn how our legal team can help you.