Legal Question in Family Law in Kentucky

Modification of Child Custody

My divorce has been final 2 years April 2002. I am wanting to know what the process is that I need to go through to modify the child custody ? What are my chances of getting the custody modified ? My ex-husband and I share joint custody (week about) but the times they are with him, they spend the majority of that time with his parents. Do I need to be able to prove this in order to get the cusody modified ? What am I in for ?


Asked on 4/09/02, 8:34 am

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Modification of Child Custody

You're in for a battle. After 2 years, you can move to change custody based upon a significant change in circumstances warranting a change. The changed circumstances in your case would be that he doesn't properly exercise his time with the children and that the time he leaves them with his parents would be better spent with you at the natural parent. You will certainly need proof of this, and if the children are old enough, they could possibly testify to this. However, if he's simply using them as a babysitting service while he works, and is not relinquishing custodial control to them during his time, then you'll have a tough battle to prove and significant change in circumstances. The longer they are with the grandparents, the better shot you'll have. Good Luck.

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Answered on 4/10/02, 3:24 pm


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