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Can a parent increase their time with their kids after a divorce?

On Behalf of | Mar 9, 2023 | Divorce | 0 comments

Sharing parental rights and responsibilities is a challenge for many parents in Kentucky. It can be very hard to compromise on matters related to how often someone sees their children and how the family will handle major choices about their lives. Parents often struggle to adjust to only seeing their children once in a while.

Those who share parental rights and responsibilities often have to compromise about scheduling and decision-making matters. The Kentucky family courts try to keep fit parents as actively involved as possible. In fact, there is a statutory presumption that shared custody is the best option for the children in the family, even from the earliest days of parental separation.

However, there are certain scenarios in which a judge might limit one parent’s time with the children. Can a parent potentially increase how much they get to see their children after a divorce?

Modifications are an option after improving the situation

If a judge gave one parent sole custody or significantly deviated from the 50/50 division standard, there will usually be a specific reason for doing so. A history of domestic violence, an unsafe living arrangement or a challenging personal situation

Kentucky law allows either parent to request a custody modification when there has been a substantial change in circumstances. In most cases, a parent will have to wait at least two years after the entry of the initial order to request a modification unless they can show that there are concerns about neglect or other issues that would impact a child’s well-being.

Otherwise, a modification request is possible after two years have passed and when a parent can show that a change in circumstances justifies revisiting their existing parenting arrangements. Given that the courts prefer to see both parents spending as much time as possible with the children, judges are often amenable to those who have improved their circumstances securing increased parenting time.

Learning about the Kentucky approach to custody modifications can help those who believe a change in arrangements would benefit their family.