Legal Question in Family Law in Kentucky

So long as the custody order was entered over two years ago, Dad can move the court for a change of custody based on a standard of "best interests of the child." However, just because the child wants to live with the noncustodial parent, does not mean the court will find that doing so is in her best interests. There is a statutory list of considerations concerning the best interests of the child, and what the court will analyze to make the determination. If the custody order was entered less than two years ago, Dad will have a higher burden to meet in convincing the court that there is a problem in Mom's home that is detrimental to the child.

If Dad wants to move for a change of custody, he would do better to hire an attorney, although there is certainly no guarantee that he will be successful in a custody dispute. Many attorneys offer free consultations, he would do well to meet with a local attorney and discuss his options.