{"data":{"id":"us-ky/krs-403.340","jurisdiction":"us-ky","citation":"KRS 403.340","heading":"Modification of custody decree.","body":"(1) As used in this section, \"custody\" means sole or joint custody, whether ordered by a\ncourt or agreed to by the parties.\n(2) No motion to modify a custody decree shall be made earlier than two (2) years after\nits date, unless the court permits it to be made  on the basis of affidavits that there is\nreason to believe that:\n(a) The child's present environment may endanger seriously his physical, mental,\nmoral, or emotional health; or\n(b) The custodian appointed under the prior decree has placed the child with a  de\nfacto custodian.\n(3) If a court of this state has jurisdiction pursuant to the Uniform Child Custody\nJurisdiction Act, the court shall not modify a prior custody decree unless after\nhearing it finds, upon the basis of facts that have arisen since the prior decree or that\nwere unknown to the court at the time of entry of the prior decree, that a change has\noccurred in the circumstances of the child or his custodian, and that the\nmodification is necessary to serve the best interests of the child. When det ermining\nif a change has occurred and whether a modification of custody is in the best\ninterests of the child, the court shall consider the following:\n(a) Whether the custodian agrees to the modification;\n(b) Whether the child has been integrated into the family of the petitioner with\nconsent of the custodian;\n(c) The factors set forth in KRS 403.270(2) to determine the best interests of the\nchild;\n(d) Whether the child's present environment endangers seriously his physical,\nmental, moral, or emotional health;\n(e) Whether the harm likely to be caused by a change of environment is\noutweighed by its advantages to him; and\n(f) Whether the custodian has placed the child with a de facto custodian.\n(4) In determining whether a child's present environment may endan ger seriously his\nphysical, mental, moral, or emotional health, the court shall consider all relevant\nfactors, including, but not limited to:\n(a) The interaction and interrelationship of the child with his parent or parents, his\nde facto custodian, his sib lings, and any other person who may significantly\naffect the child's best interests;\n(b) The mental and physical health of all individuals involved;\n(c) Repeated or substantial failure, without good cause as specified in KRS\n403.240, of either parent to observe visitation, child support, or other\nprovisions of the decree which affect the child, except that modification of\ncustody orders shall not be made solely on the basis of failure to comply with\nvisitation or child support p rovisions, or on the basis of which parent is more\nlikely to allow visitation or pay child support;\n(d) If domestic violence and abuse, as defined in KRS 403.720, is found by the\ncourt to exist, the extent to which the domestic violence and abuse has\naffected the child and the child's relationship to both parents.\n(5) Subject to KRS 403.315, if the court orders a modification of a child custody\ndecree, there shall be a presumption, rebuttable by a preponderance of evidence,\nthat it is in the best interest o f the child for the parents to have joint custody and\nshare equally in parenting time. If a deviation from equal parenting time is\nwarranted, the court shall construct a parenting time schedule which maximizes the\ntime each parent or de facto custodian has  with the child and is consistent with\nensuring the child's welfare.\n(6) Attorney fees and costs shall be assessed against a party seeking modification if the\ncourt finds that the modification action is vexatious and constitutes harassment.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51202","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"ec12b3f2429c4ef9981c3d8ef8e5227ce128d389f2291e41c56863b60c75e9ac","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.330","next":"us-ky/krs-403.350"},"notice":"GroundRules: Original legal text. Not legal advice."}