Rehabilitation efforts can be helpful in custody modification cases, but they do not guarantee a specific outcome. Kentucky courts recognize that people can change and improve, but they must balance this potential for growth with the child’s need for a stable and safe home.
While overcoming challenges like substance abuse or mental health issues is praiseworthy and can strengthen a parent’s case, the court’s decision on custody modification considers many factors beyond rehabilitation.
What are the factors considered in modification requests?
The court must see that something important has changed since the last decision. This usually includes changes in the child’s needs, changes in the parent’s circumstances and changes in the living situation, which can include rehabilitation or improved circumstances.
It also considers:
- Whether the current custodian agrees to the change
- If the child has become part of the family of the person asking for custody
- What is best for the child in terms of emotional stability, physical well-being and educational needs
- If the child’s current living situation is dangerous
- Whether the benefits of changing custody outweigh any potential harm
- If the current custodian has informally given custody to someone else
If the court decides to change custody, it generally prefers that parents share custody equally. But if that is not possible, it tries to create a schedule that gives both parents as much time as possible with the child while ensuring the child’s well-being.
What does the process look like?
To start the process, a parent must file a motion with the court that initially issued the custody order, detailing the reasons for the requested modification. Note that you cannot file a motion until two years after the first court order. The other parent must also receive a formal copy of the motion and notice of the hearing date.
When evaluating rehabilitation efforts, the court may look for proof that the positive changes are long-lasting and not just temporary. This may include:
- Ongoing participation in support groups
- Regular check-ins with therapists
- Maintaining sobriety for an extended period
Ultimately, courts assess whether increased parenting time would strengthen the relationship and help the child’s emotional well-being and stability.
You have the right to spend time with your child
If you’re considering a custody change or responding to such a request, understanding your rights is crucial. A family law attorney can help you understand your options and guide you through the legal process.