Kentucky’s legal system recognizes the importance of both parents playing an active role in their children’s lives. This belief is embedded in the state’s custody laws and courts generally try to create a co-parenting relationship and a 50-50 custody split. In addition, both state laws and judges support the possibility of adjusting custody arrangements post-divorce to a 50-50 custody split, even if one parent initially held primary custody.
Our state assumes that joint custody and shared parenting time are generally in the child’s best interests. This assumption is outlined in Kentucky Revised Statutes, Section 403.270. This guides courts on how to decide custody issues. However, to alter a custody arrangement to 50-50 post-divorce, a parent must demonstrate that such a change would benefit the child and be in their best interests.
How to modify a custody order
To modify a custody order in Kentucky, a parent must follow specific legal steps. According to KRS 403.340, a request to modify custody cannot typically be made within two years of the original order unless there is evidence that the child’s current situation could seriously harm their physical, mental, moral or emotional well-being. Though, there is a process to requesting a modification.
Step one, file the motion with the court. You will need to provide evidence that a change in custody aligns with the child’s best interests. The court will evaluate various factors, including the child’s relationship with both parents, their adjustment to their home, school and community, and the mental and physical health of everyone involved.
A hearing may be scheduled where both parents present their arguments. The parent seeking the modification must prove that the change will positively impact the child’s well-being. If the court determines that the modification is in the child’s best interests, the request for a 50-50 custody arrangement may be granted.
Conclusion
While it is possible to seek a 50-50 custody arrangement post-divorce in Kentucky, achieving this requires thorough preparation and solid evidence that the change serves the child’s best interests. Understanding the legal framework and carefully following the necessary steps can help parents work toward a custody arrangement that is most beneficial for their child.