2014 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 as PDF
403.340 Modification of custody decree -- Modification based on active duty
deployment to revert back on parent or custodian's return.
(1)
(2)
(3)
(4)
As used in this section, "custody" means sole or joint custody, whether ordered
by a court or agreed to by the parties.
No motion to modify a custody decree shall be made earlier than two (2) years
after its date, unless the court permits it to be made on the basis of affidavits
that there is reason 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.
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.
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)
(6)
(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.
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.