Change of Custody- Modification of Custody Decree
Ordinarily a motion to modify a custody decree cannot be filed earlier than (2) years after the custody decree. An exception to (2) year waiting period is made, if the child’s present environment may endanger seriously his physical, mental, moral or emotions health; or the custodian appointed under the prior decree has placed the child with a de facto custodian.
Aleksander Law Office can help you determine whether or not a motion for modification is appropriate for you.
Modification of Visitation
The criteria used to modify visitation rights is best interests of the child. The court will not restrict a parent’s visitation right unless the court finds that the visitation would endanger seriously the child’s physical, mental moral or emotional health.
Modification & Termination of Maintenance
A maintenance award may be modified by two methods (1) agreement of the parties pursuant to a separation agreement, or (2) changed circumstances so substantial and continuous as to make the terms of award unconscionable.
The controlling statute is KRS 403.250. Usually the court compares the parties’ present circumstances to the circumstances existing at the time the court’s separation decree was first entered.