Over time, your child’s needs will change, and the child custody order that is in place right now might no longer serve their best interest. Fortunately, legislation in Kentucky makes it possible for parents to modify a child custody order if there’s clear evidence that the child will benefit from these changes. One or both parents can submit a petition for the court to review, and the parents don’t necessarily have to agree to these changes to bring them into fruition. If you want to try to change your child custody order, the following scenarios could facilitate your proposal.

When Should You Modify a Child Custody & Visitation Order? 

One Parent Wants to Move 

If the child’s commute between households will be too long and taxing for the existing visitation schedule, the parents may want to reconsider their agreement. If one parent decides to move to another state or over 100 miles away from the other parent, they need to give notice at least 60 days in advance. If a parent objects to the move, the court will need to settle the dispute. 

One Parent Wants to Change the Child’s School Enrollment  

If the non-custodial parent wants to enroll their child into a different school and lives in that district, this could support a petition to change the child custody order. If the parents disagree about the child’s school, they should submit a motion to the court and attend a Lombardo hearing. The court will consider many factors before deciding on a school, including:  

• Standardized test scores 

• Athletic opportunities 

• Diversity among the staff and student body 

• Extracurricular activities  

• Campus facilities and technology 

• School security and safety 

• Transportation to and from school 

The Child Prefers to Live With One Parent 

After a child turns 14, Kentucky courts will consider their custodial preferences. However, this doesn’t mean the court will automatically side with the parent that the child wants to live with. The judge will consider other factors, including the child’s motivations and the level of support from both parents. 

There’s Evidence of Neglect, Abuse, or an Unsafe Living Environment 

If there are signs of emotional or physical abuse, a parent can petition to remove a child from harm. If drugs are in the household and present a danger to the child, or if one parent doesn’t have the means of caring for their child, the court could also modify the custody order. 

In Kentucky, establishing a custody and visitation order is a lengthy process. However, if the child is in danger, or they aren’t living with the parent who has residential custody, the court will review a petition sooner. If you need help petitioning a child custody order, Lonneman & Associates, PLLC can help. Located in Elizabethtown, KY, and serving all of Hardin, Larue, Nelson, Hart, and Grayson counties since 1981, they offer mediation services, contract preparation, and trial representation. To learn more about their experience in family law, visit their website or call (270) 765-2190 today.