Legal Question in Family Law in Kentucky
Child Custody
My husband and ex have joint custody of their two children. Currently the visitiation schedule is based on her work schedule. He would like to change that. She has told him that legally the agreement cannot be changed for 3 years. True?
Asked on 9/05/08, 3:07 pm
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Re: Child Custody
No, that is not true. Even if there was a provision about that in the divorce agreement, it may not be enforceable because the only standard the statute gives for modifying time-share is the best interest of the child.
She may be thinking about custody changing. During the first two (2) years after it is established, a change in custody requires a showing of serious endangerment to the child. Time-sharing has no such limitation.
Answered on 9/08/08, 10:55 am
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