There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 403 DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
403.340 Modification of custody decree -- Modification based on active duty deployment to revert back on parent or custodian's return.
Download pdfreason to believe that:
(a) The child's present environment may endanger seriously his physical, mental, moral, or emotional health; or (b) The custodian appointed under the prior decree has placed the child with a de facto custodian. (3) 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 after
hearing 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. When determining
if a change has occurred and whether a modification of custody is in the best
interests of the child, the court shall consider the following:
(a) Whether the custodian agrees to the modification;
(b) Whether the child has been integrated into the family of the petitioner with consent of the custodian; (c) The factors set forth in KRS 403.270(2) to determine the best interests of the child; (d) Whether the child's present environment endangers seriously his physical, mental, moral, or emotional health; (e) Whether the harm likely to be caused by a change of environment is outweighed by its advantages to him; and (f) Whether the custodian has placed the child with a de facto custodian. (4) 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) Repeated or substantial failure, without good cause as specified in KRS 403.240, of either parent to observe visitation, child support, or other
provisions of the decree which affect the child, except that modification of
custody orders shall not be made solely on the basis of failure to comply with
visitation or child support provisions, or on the basis of which parent is more
likely to allow visitation or pay child support; (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. (5) (a) Except as provided in paragraph (b) of this subsection, any court-ordered modification of a child custody decree, based in whole or in part on:
1. The active duty of a parent or a de facto custodian as a regular member
of the United States Armed Forces deployed outside the United States;
or 2. Any federal active duty of a parent or a de facto custodian as a member
of a state National Guard or a Reserve component; shall be temporary and shall revert back to the previous child custody decree
at the end of the deployment outside the United States or the federal active
duty, as appropriate. (b) A parent or de facto custodian identified in paragraph (a) of this subsection may consent to a modification of a child custody decree that continues past the
end of the deployment outside the United States or the federal active duty, as
appropriate. (6) 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. Effective: April 25, 2006
History: Amended 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 10, effective April 25, 2006. -- Amended 2001 Ky. Acts ch. 161, sec. 2, effective March 21, 2001. --
Amended 1998 Ky. Acts ch. 250, sec. 3, effective July 15, 1998. -- Amended 1992
Ky. Acts ch. 414, sec. 3, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 182,
sec. 24.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.