Situations do change and there are times when the child(ren)s best interest is no longer being met by the current parenting schedule. Typically, the Court will not revisit matters within two years of the entry of an Order, unless there has been a significant and ongoing change in circumstances. Some situations that may arise that might affect the original parenting schedule are;
The court makes initial decisions on parenting time with an eye towards which parent can provide stability. Sometimes there is enough of a change in situations that the court may make a new determination.
Any major change in a child(ren)’s health or school performance could signal that there needs to be a change in parenting time arrangements.
If a change in carriers or employment requires that one parent relocate, the court may change the parenting schedule, if it feels that the child(ren)’s emotional or physical well being will be adversely affected. Under Kentucky law you must have the agreement of the other parent or approval of the Court before relocating with any minor child.
If one parent becomes physically or emotionally abusive to the child(ren) the court may re-evaluate parenting time decisions.
Changing a parenting time order means a return to court. This can be fairly simple if both parents agree on the proposed change. Your attorney will work with you to draw up the necessary paperwork and file it with the court. If the two parents are not in agreement, a new mediation and/or hearing will be required. Your attorney will assist you in preparing for the mediation and/or hearing. You will need to show the court proof that the child(ren)’s best interests will be better met with the requested change.
If you are involved in a changing custody situation you need to consult with a legal professional. Your source for assistance in Kentucky is Durrett & Kersting Law. Their attorneys have experience in many aspects of family law, including custody and visitation.