This form is motion for modification of a prior custody divorce decree in order to obtain sole custody of a minor child on the grounds that the present custodial parent is unfit to continue to have sole custody of the child. This form is a generic example of such an motion that may be referred to when preparing such a pleading for your particular state.
Kentucky Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
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How to fill out Motion For Modification Or Amendment Of Prior Custody Order In Divorce Decree To Obtain Sole Custody Of Minor Child Due To Unfitness Of Custodial Parent?
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Once a motion to modify is filed, the judge sets a hearing date. The parent asking for the modification (change) has to show: that there has been a change in circumstances of the child or the other parent, and. that it is in the child's best interest that the prior order be changed.
A judge will make a decision about custody based on what s/he thinks is in your child's best interest. However, under Kentucky law, there is a ?rebuttable presumption? in favor of joint custody.
Kentucky Family Law Child Custody In order for a parent to obtain sole custody of a child?which means sole decision making?that parent will generally have to overcome the presumption of joint custody and show by a preponderance of the evidence that sole custody is in a child's best interest.
Content of the bill Under the law, judges must begin each custody case with the presumption that joint custody and equally shared parenting time are best for the children. Seeking to promote healthier family dynamics, the law defaults 50/50 custody arrangements in child custody disputes.
In Kentucky, a court will decide on the terms of child custody based on what is in the child's best interest, although in in most cases, when there is not domestic violence, there is a presumption that the parties should have joint custody This does not mean that every case requires or should have joint custody, but it ...
A truly unfit parent is a danger to their children. They are abusive and neglectful. They may have substance abuse problems. Removing their parental rights is in the child's best interests.
Kentucky child custody laws require that a child under the age of three to have lived with their de facto custodian for at least six months, and for a child over the age of three they require at least one year.
Physical Custody - In Kentucky, parents may have 50/50 physical custody or decide on a primary physical custodian with significant parenting time for the noncustodial parent. Legal Custody - Regardless of the physical custody schedule, both parents will have partial legal custody.