How Can You Prove a Change in Circumstances to Modify Child Custody?

Kentucky Family Court Attorney Giving You the Representation You Need to Modify Child Custody Arrangements

Every parent wants to make sure their children are always safe and well-cared for. Even if you are going through a divorce or custody battle, children should remain the top priority. The purpose of a custody hearing is for a judge to determine the best environment for the children, and if or how they will split their time between parents. Many times, this decision comes down to a parent’s ability to care for a child. The safety of a parent’s home, and their suitability are all factors taken into consideration by the court. Sometimes, a parent’s circumstances may change. If this happens, it can have a substantial impact on the child’s well-being. If this happens, you may need to petition the court to modify the custody or parenting time agreement.

What is a Custody and parenting time Agreement in Kentucky?

A custody agreement or Order is a legal designation of which parent or parents have the ability to make decisions and access information regarding medical, educational, and religious determinations. Custody of a minor child can either be joint (shared by both parents) or sole (only one parent). A parenting time agreement or Order is a legal designation of how much time a child spends with each parent and creates a set schedule. If the divorce or separation is amicable, the parents can reach this agreement themselves with the help of attorneys. There is a presumption of joint custody and equal parenting time in Kentucky. If the divorce or separation is not amicable, the court may need to become involved. Some situations in which the court may need to determine custody and/or parenting time include:

• One parent suffers from active addiction issues or untreated mental health concerns
• One of the Parents is on Active Military Deployment
• One of the Parents is the Subject of a Domestic Violence Restraining Order
• One of the Parents Frequently Travels for Work

These are only a few situations in which a judge may decide a 50/50 parenting schedule and/or joint custody arrangements do not work. In these instances, the judge will determine a schedule for which parent cares for the child(ren) for what amount of time. This is called a custody arrangement or custody agreement. Depending on the circumstances of the child custody arrangement, it can be changed or modified.

Can I Modify a Child Custody Arrangement in Kentucky?

Child custody and parenting time arrangements are not set in stone. The courts recognize that people’s life circumstances change constantly. Some instances in which a child custody or parenting time Order may need to be modified include:

• A Parent No Longer Travels as Frequently for Work
• An Active Duty Military Deployment has Ended
• The Child(ren) Have Been Injured or Diagnosed with Special Needs One Parent is Better Handled to Equip
• Domestic Violence or Sexual Assault Has Occurred
• A Parent Refuses to Follow Court Orders Regarding the Well-Being of the Child
• Issues with substance abuse or mental health concerns have arisen
• A Parent Has Died

In the event a child custody or parenting time Order needs to be modified, you will have to file a motion with the court. To file such a motion, you will need to prove the precise nature of the change that has led you to request a modification. You will also need to prove this modification is in the best interest of the child. Simply requesting that the court modify the agreement does not guarantee it will happen. There is a legal process to modify child custody and parenting time orders. 

Note that this is only required if you cannot agree on a modification to the agreement with your co-parent outside of court.

You do not necessarily have to go before a judge to have them decide a new arrangement for you. If you and your co-parent can come to an agreement yourselves, you can have your attorneys draft a new custody or parenting time arrangement as an Agreed Order. This Agreed Order can be filed with the court and become an enforceable Order. Coming to an agreement with your co-parent through your attorneys can save a great deal of time. It can also avoid a potentially upsetting courtroom battle.

What Should I Do if I Need to Modify a Custody Arrangement in Kentucky?

Change happens constantly. Adults are usually equipped to handle this change. It can be more difficult for children. If a child’s custody or parenting time arrangement needs to be modified, it’s best to make it as quick and smooth as possible. If you or a loved one needs to modify a custody or parenting time arrangement, don’t hesitate to contact Durrett & Kersting Law, PLLC, located at 7508 New La Grange Rd., Ste. 3, Louisville KY 40222 – (502) 420-2863. Our attorneys are experienced in child custody and parenting time modifications. We can help make the process as easy as possible for you and your children. We know what documents the court needs in order to change custody and parenting time arrangements. We can help you and your co-parent come to an arrangement without having to appear before a judge. In the event your co-parent tries to make changing the agreement difficult, we can argue before a judge why the change is necessary. We’ll fight for you so you don’t have to.

Every parent wants what’s best for their children. Sometimes, those needs change over time. If you need to modify your child custody or parenting time arrangement, call Durrett & Kersting Law, PLLC, at 502-420-2863 or email us for a free consultation. We can help make a difficult situation easier for you and your children.