When will the courts consider modifying your custody order?

On Behalf of | Jan 10, 2023 | Child Custody |

Maybe you and your spouse attended mediation and eventually reached a mutual agreement about how you would share parental responsibilities. Perhaps you had to go to court because you couldn’t work with one another, and a judge created a parenting plan dividing your time with the children and decision-making authority.

In theory, both of you need to abide by the specific terms set in your parenting plan. In practice, no document is going to effectively address every parenting challenge that your family might face. Maybe one of you changes their job or starts a new relationship. You may find yourself feeling like an update to your custody order is also necessary.

A formal modification as permitted under Kentucky law will change the terms of your parenting plan to better meet your family’s current needs. When is a modification an option for your family?

When two years have passed since the initial order

Typically, for the family courts to grant a hearing to parents that want to change a custody order, they need to have worked with the existing document for at least two years. Once sufficient time has elapsed, either parent could potentially petition the courts to review the family circumstances and change the parenting plan.

Occasional reviews and revisions will be necessary as children mature and family schedules change. Verifying the last date when the courts changed or approved your custody order can help you determine if you are eligible to file now.

When you believe your children are in danger

You can go back to court and file a modification request two days after a judge finalizes your custody order if you suddenly receive evidence of the other parent abusing the children or parenting while under the influence of drugs or alcohol.

In a situation where there is documentation affirming one parent’s claim that the children are unsafe or mistreated in the care of the other, the courts may grant a modification hearing at any point after issuing a custody order.

When there have been significant changes to your schedules or your parenting practices, requesting a formal custody modification may be what is best for the children. Learning more about post-decree custody modifications can help those worried that their current plans do not properly support their children. Discussing your custody concerns with the team at Marvin Knorr Law by contacting us today will help you protect and assert your parental rights.