Going through a divorce with your spouse can be challenging and emotionally taxing. As you take time to recover from your breakup and manage your affairs, it is also important for your children to have the sufficient time they need to adjust to their new living arrangements.
If you or your children are experiencing a notable change of circumstance and you are wondering whether an update to your custody order can be beneficial for your situation, here are two things you need to know about Kentucky’s child custody order laws:
When can I amend my custody order?
In Kentucky, any parent or legal guardian with a recently enforced child custody order must wait at least two years before they can request the courts for an update. This waiting period is designed by the system to help ensure a smooth transition period for the children involved.
However, not all custody cases are the same. If there is known risk that can significantly impact your children’s physical or emotional health, you may be able to file for a request of modification sooner and have the courts expedite the process. Here are four examples of those:
- When there is domestic or family violence involved
- When there is substance abuse involved
- When there is parental alienation involved
- When the custodial parent repeatedly denies the other parent of their visitation rights
Since the courts assess each case individually, there is no specific timeline for child custody modification decisions.
How can I file my request?
To update your custody order, you must file a petition for child custody modification with the same court that gave you the original custody order. Your petition needs to specify the reasons for the change for which you are requesting.
After your petition is filed, the judge will set a hearing date. In this process, you will present your case and show proof of why the change of custody order is necessary. However, if the request was an amicable decision, you will only need to sign an agreement with your ex-spouse and file it in court.
Here is to better days and more
By understanding the steps for child custody modification requests and following the proper timeline involved, you can prepare your petition efficiently and move forward to the changes as a family with ease.