In Kentucky family law cases, it is imperative to think about the needs of children and make sure they are adapting well to the new situation. Provided both parents are capable of providing for the child in every way, it is undoubtedly positive that the child spends significant time with them. Many might think that once the child custody determination is made, it will stay the same until the child becomes a legal adult. That, however, is not always the case.
Parents can request that the child custody decree be modified. In some cases, both sides are in agreement that changes should be made. In others, it is a new dispute that must be navigated. Regardless, it is important to go through the proper legal channels to modify the agreement. A foundational aspect of that is knowing the law for doing so.
Know how to go about changing a child custody order
No matter whether the current custody agreement gives one parent sole custody or there is joint custody, the request for a modification cannot be made until two years have passed from the date in which the order was put in effect. There are, however, circumstances where this does not apply. The court can allow the change to be made before two years have elapsed if the child’s well-being would be damaged by the current arrangement or if the custodian places the child with a de facto custodian.
For example, a parent who was deemed competent at the time of the order being put in effect could experience personal issues like addiction that places the child in jeopardy. This would be a viable reason for the order to be modified before two years have passed. The same is true if a parent has been named the custodian and leaves the child with a grandparent or another relative.
The modification can also be made if there were facts that were not known to the court at the time of the original decree and they came to light later. The issues must be sufficient that the child’s best interests will be served by the change better than they would if the agreement stays the same.
Gauging the child’s “best interests” depends on the situation. In some cases, the parent agrees to the modification. Then it can move forward relatively smoothly. The court will also look at the current environment; if the child is integrated into a family and would be negatively impacted by the sudden change; and the chance of the child being in danger with or without the change.
The court assesses the parents; their physical and mental health; how the child interacts with them; and if there was domestic abuse or allegations of it. Parenting time will need to be analyzed and adjusted based on the new custody template.
Be prepared when seeking post-divorce modifications
While some family law cases do not escalate and turn contentious, it is important to remember that issues surrounding children, their living arrangements, how often they see each parent and their care are emotionally charged. When asking to modify a custody agreement, there are crucial steps that must be followed.
The child’s needs are the priority. Still, it is essential for the parents to be fully protected if they are for or against the modification. In these cases, it is wise to know the law and to be guided with comprehensive strategies to reach a workable solution. Having locally based assistance that understands the needs and concerns of people who live in the community can be helpful in forging a positive result.