Because a child’s best interests are always the most important factor when creating a custody arrangement, it may be necessary to modify the agreement when a child’s needs or circumstances change. If you want to alter an existing child custody arrangement, contact a family law attorney for help. Below is some basic information about the process to give you an idea of what to expect.

FAQ About Child Custody Modification in Kentucky

When can child custody arrangements be modified?

In general, Kentucky courts will not allow a custody order to be modified if it’s less than two years old. The exception to this is if the child’s physical, mental, or emotional well-being are in danger in their current arrangement. After two years have passed, you can hire a family law attorney and submit a petition to modify the agreement.

How do I modify visitation arrangements?

There are two ways to make modifications to a child custody arrangement. If you and your ex-spouse agree about the new terms, your attorney can file a modification request with the court. You will have to explain how circumstances have changed and demonstrate that these changes are in the interests of the child. If this criteria is met, a judge will most likely grant the new order. If your ex is not open to making changes, however, you will have to go to court to present your arguments for a modification.

What if I can no longer pay child support?

If you’ve been court-ordered to pay child support, your attorney can file a petition to adjust the amount. The court will consider changing it if you can demonstrate that your circumstances have made it impossible for you to pay the original amount. For example, perhaps you lost a job, or your child has become ill and needs substantial medical care. A court will also allow for adjustment if the amount that the court originally ordered is 15% more or less than it would be if it were ordered today.

Can I appeal a child custody ruling?

When a judge makes a decision regarding child custody, that decision can be appealed if you believe it was made in error. Filing an appeal is a much more involved process than requesting a modification, however, and can take anywhere from a few weeks to several months.

If you’re interested in changing a child custody arrangement, contact McBrayer, McGinnis & Leslie, PLLC, in Ashland, KY. Since 1963, these seasoned attorneys have been providing clients throughout Kentucky, Ohio, and West Virginia with expert family law representation. They also have expertise in bankruptcy, workers compensation, personal injury cases, and more. Visit their website to explore their practice, and call (606) 473-7303 set up a consultation.