403.340 Modification of custody decree.
596 words·~3 min read·
/ky/chapter-403/403-340A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section, "custody" means sole or joint custody, whether ordered by a
court or agreed to by the parties.
(2)No motion to modify a custody decree shall be made earlier than two
(2)years after
its date, unless the court permits it to be made on the basis of affidavits that there is
reason to believe that:
(a)The child's present environment may endanger seriously his physical, mental,
moral, or emotional health; or
(b)The custodian appointed under the prior decree has placed the child with a de
facto custodian.
(3)If a court of this state has jurisdiction pursuant to the Uniform Child Custody
Jurisdiction Act, the court shall not modify a prior custody decree unless after
hearing it finds, upon the basis of facts that have arisen since the prior decree or that
were unknown to the court at the time of entry of the prior decree, that a change has
occurred in the circumstances of the child or his custodian, and that the
modification is necessary to serve the best interests of the child. When determining
if a change has occurred and whether a modification of custody is in the best
interests of the child, the court shall consider the following:
(a)Whether the custodian agrees to the modification;
(b)Whether the child has been integrated into the family of the petitioner with
consent of the custodian;
(c)The factors set forth in KRS 403.270(2) to determine the best interests of the
child;
(d)Whether the child's present environment endangers seriously his physical,
mental, moral, or emotional health;
(e)Whether the harm likely to be caused by a change of environment is
outweighed by its advantages to him; and
(f)Whether the custodian has placed the child with a de facto custodian.
(4)In determining whether a child's present environment may endanger seriously his
physical, mental, moral, or emotional health, the court shall consider all relevant
factors, including, but not limited to:
(a)The interaction and interrelationship of the child with his parent or parents, his
de facto custodian, his siblings, and any other person who may significantly
affect the child's best interests;
(b)The mental and physical health of all individuals involved;
(c)Repeated or substantial failure, without good cause as specified in KRS
403.240, of either parent to observe visitation, child support, or other
provisions of the decree which affect the child, except that modification of
custody orders shall not be made solely on the basis of failure to comply with
visitation or child support provisions, or on the basis of which parent is more
likely to allow visitation or pay child support;
(d)If domestic violence and abuse, as defined in KRS 403.720, is found by the
court to exist, the extent to which the domestic violence and abuse has
affected the child and the child's relationship to both parents.
(5)Subject to KRS 403.315, if the court orders a modification of a child custody
decree, there shall be a presumption, rebuttable by a preponderance of evidence,
that it is in the best interest of the child for the parents to have joint custody and
share equally in parenting time. If a deviation from equal parenting time is
warranted, the court shall construct a parenting time schedule which maximizes the
time each parent or de facto custodian has with the child and is consistent with
ensuring the child's welfare.
(6)Attorney fees and costs shall be assessed against a party seeking modification if the
court finds that the modification action is vexatious and constitutes harassment.