A family calendar being rearranged beside a Kentucky courthouse

In Kentucky, a motion to modify custody generally cannot be filed within two years of the decree unless sworn affidavits show the child may be seriously endangered; after two years, the court looks for a change in circumstances and the child's best interests (KRS 403.340). Wise & Associates handles custody modifications in Jefferson Family Court.

This guide explains when and how custody can be changed in Kentucky. For representation, see our child custody lawyer in Louisville page.

Custody vs. Timesharing

Kentucky separates custody, meaning decision-making authority, from timesharing, meaning the schedule. The rules for changing each are different, so the first question is which one you want to change. Many parents who want more time with their child are asking to modify timesharing, not custody.

The Two-Year Rule

A motion to modify a custody decree generally cannot be made earlier than two years after its date (KRS 403.340(2)). The court can allow an earlier motion only on affidavits showing reason to believe that:

  • The child's present environment may seriously endanger the child's physical, mental, moral, or emotional health; or
  • The custodian under the prior decree has placed the child with a de facto custodian.

The affidavits are sworn and must state specific facts. General complaints about the other parent are not enough to get past the two-year bar.

After Two Years: Change in Circumstances and Best Interests

After two years, the court can modify custody if it finds, after a hearing, that a change has occurred in the circumstances of the child or the custodian and that the modification is necessary to serve the child's best interests (KRS 403.340(3)). The court must consider:

  • Whether the custodian agrees to the change
  • Whether the child has been integrated into the other parent's family with the custodian's consent
  • The best-interest factors in KRS 403.270
  • Whether the child's present environment seriously endangers the child
  • Whether the harm likely from a change of environment is outweighed by its advantages
  • Whether the custodian has placed the child with a de facto custodian

A modification cannot rest solely on a parent's failure to follow timesharing or pay support, though repeated failures without good cause are a factor (KRS 403.340(4)). If the court modifies custody, it starts from the presumption that joint custody and equally shared parenting time are in the child's best interests (KRS 403.340(5)).

Changing Timesharing

A timesharing schedule can be modified when the change serves the child's best interests, without the two-year bar that applies to custody (KRS 403.320). A new work schedule, a change of school, or a child's changing needs as they grow are common reasons. If timesharing would seriously endanger the child, the court can restrict it.

Relocation

A parent with a custody order who plans to move must file and serve written notice before the move, and the deadlines for the next filings are 20 days (FCRPP 7(2)). Whether the request is treated as a change in timesharing or a change in custody affects the legal standard, so the motion filed matters. See relocating with children after divorce.

How a Modification Works in Jefferson Family Court

  1. Motion and affidavits. The parent files a motion in the existing case, with affidavits if it is within two years.
  2. Motion hour. Regular motions are heard at Jefferson Family Court's Monday motion hour and must be filed by 4:00 p.m. the Tuesday before (JFRP 201 and 203).
  3. Mediation. The court can order the parents to mediate before further proceedings, unless prohibited because of domestic violence (FCRPP 2).
  4. Disclosure before the hearing. Each side must exchange witness and exhibit lists at least 14 days before a custody hearing, unless the court orders otherwise (FCRPP 7).
  5. Hearing and order. The judge hears the evidence and enters an order, or the parents submit an agreed order.

Agreed modifications can be entered in weeks. Contested modifications usually take several months.

Evidence That Helps

  • School and medical records
  • A dated log of timesharing, missed exchanges, and communication
  • Messages between the parents
  • Witnesses such as teachers, coaches, and counselors

Common Mistakes

  • Filing too early without affidavits. A custody motion inside two years without the required affidavits can be denied without reaching the merits.
  • Asking for custody when you want time. A timesharing modification is often the right request and has a lower bar.
  • Stopping timesharing or support to force a change. That can count against the parent who does it.
  • Relying on opinions instead of records. Dates, documents, and neutral witnesses carry weight.

What If Both Parents Agree?

Parents can agree to change custody or timesharing at any time, and the court will generally approve an agreement that serves the child's best interests. The agreement should be written as an agreed order and entered by the court, so it can be enforced. An informal change that is never filed leaves the old order in place.

Modification When There Is a Domestic Violence Order

Kentucky's presumption of joint custody and equally shared parenting time does not apply to a parent who has a domestic violence order entered against them (KRS 403.270). When the court considers whether a child's present environment may seriously endanger the child, it must consider the extent to which domestic violence and abuse have affected the child and the child's relationship with both parents (KRS 403.340(4)). A new DVO is often part of an emergency request inside the two-year window.

How Wise & Associates Handles Modifications

Wise & Associates decides first whether the request is a custody or a timesharing change, prepares any affidavits needed within the two-year window, builds the evidence, and handles mediation and the hearing in Jefferson Family Court. The firm's attorneys have handled hundreds of contested hearings and trials.

Modifying Custody in Kentucky: Key Facts

Frequently Asked Questions

Can I modify custody within two years in Kentucky?

Only if sworn affidavits show the child's present environment may seriously endanger the child, or the custodian has placed the child with a de facto custodian.

What do I need to change custody after two years?

A change in the circumstances of the child or the custodian, and proof that the change is necessary to serve the child's best interests.

Is changing timesharing the same as changing custody?

No. Timesharing can be modified when it serves the child's best interests, without the two-year bar that applies to custody.

Can custody be changed because the other parent does not pay support?

Not on that alone, though repeated failures without good cause are a factor.

How much does a custody modification cost at Wise & Associates?

Custody modifications start with an upfront flat fee between $1,500 and $5,000.

Related Reading

Talk to a Louisville Custody Lawyer

Consultations are free and by phone. Book a time, then call the office at your scheduled time.

Wise & Associates, Louisville: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation

To change custody or timesharing, see our child custody lawyer in Louisville. Wise & Associates quotes the upfront flat fee in a free phone consultation. See pricing or book a free phone consultation.

Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.