Legal Question in Family Law in Kentucky

Re: Custodial Parent Unemployed/Non-Custodial Parent Employed

Without knowing how the original custody was established, it would be difficult to determine the real probable effect of these factors in your situation. Standing alone, they may not be sufficient especially if it has been less than two years since the original custody order was entered. They are important factors to consider but they have to be in context, i.e. where is the eductional process going? What the custodial parent is doing may be a better alternative than taking some menial job. How is the high crime area defined? What kind of influences are there? Is it affecting the children? Is this temporary? Are there other students like the custodial parent in the area? All of this is looked at to answer the question of what is in the best interest of the children. Local counsel, or better, the attorney you had during the original divorce may be in a better position to assess the situation in light of the court's current outlook there.

Re: Custodial Parent Unemployed/Non-Custodial Parent Employed

I read the prior response and generally concur with the other attorney's observations.

I would like to add that, in my opinion, you face an uphill battle.

I am copying most of the statute regarding custody change:

KRS 403.340 Modification of custody decree.

(1) 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 ...

(2) 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 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. In applying these standards, the court shall

retain the custodian appointed pursuant to the prior decree unless:

(a) The custodian agrees to the modification;

(b) The child has been integrated into the family of the petitioner with consent of

the custodian; or

(c) The child's present environment endangers seriously his physical, mental,

moral, or emotional health, and the harm likely to be caused by a change of

environment is outweighed by its advantages to him.; or

(d) The custodian has placed the child with a de facto custodian.

(3) 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) ...;

(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.

(4) 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.