How to modify child custody and parenting time in Kentucky

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Kentucky Revised Statutes 403.340 (modification of custody decree), 403.270 (best interests and the joint custody presumption), 403.315 (domestic violence), 403.320 (visitation) and 403.350 (affidavit with the motion), as published by the Kentucky Legislative Research Commission on apps.legislature.ky.gov. Kentucky’s statutes say “visitation” for time with the child and “equally shared parenting time” for the presumption. Read what we could not confirm below.

Kentucky divorce kit Child custody in Kentucky Modifying child support and spousal support in Kentucky After your divorce: changing a support or custody order

The short version

Kentucky sets a two-part test for changing custody. Under KRS 403.340(3) the court may not modify a prior custody decree unless, after a hearing, it finds 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”. The facts must have arisen since the prior decree or been unknown to the court when it was entered. A motion generally cannot be made within two years of the decree, and it must come with an affidavit. If the court does modify, the statute says there is a rebuttable presumption of joint custody and equal parenting time, subject to the domestic violence rules. Changing time with the child without changing custody is a separate, lighter route under KRS 403.320. For changing child support or spousal support instead, see modifying child support and spousal support in Kentucky.

The two-year bar and the affidavit

Two-year bar, KRS 403.340(2). No motion to modify a custody decree shall be made earlier than two years after its date, unless the court permits it on the basis of affidavits showing reason to believe that the child’s present environment “may endanger seriously” the child’s physical, mental, moral or emotional health, or that the custodian under the prior decree has placed the child with a de facto custodian.
Affidavit, KRS 403.350. A party seeking modification must submit with the moving papers “an affidavit setting forth facts supporting the requested order or modification” and give notice, with a copy, to the other parties, who may file opposing affidavits.
Adequate cause. The court “shall deny the motion” unless the affidavits establish adequate cause for a hearing. If they do, it sets a hearing on an order to show cause why the modification should not be granted. Write the affidavit as facts, not complaints.
De facto custodian. If the court determines a child is in the custody of a de facto custodian, the court shall make that person a party.

What the court must find to change custody

Two findings, KRS 403.340(3). After a hearing the court must find (1) a change in the circumstances of the child or the custodian, based on facts that have arisen since the prior decree or were unknown to the court then, and (2) that the modification is necessary to serve the child’s best interests.
Factors for both questions. In deciding whether a change has occurred and whether modification is in the child’s best interests, the court considers: whether the custodian agrees; whether the child has been integrated into the petitioner’s family with the custodian’s consent; the best-interest factors in KRS 403.270; whether the present environment endangers seriously the child’s physical, mental, moral or emotional health; whether the harm likely from a change of environment is outweighed by its advantages to the child; and whether the custodian has placed the child with a de facto custodian.
Serious endangerment, KRS 403.340(4). The court considers all relevant factors, including the child’s interaction with parents, siblings and others; the mental and physical health of everyone involved; repeated or substantial failure, without good cause, to observe visitation, child support or other provisions of the decree; and the effect of any domestic violence and abuse found by the court.
Non-compliance alone is not enough. Modification of custody orders “shall not be made solely on the basis of failure to comply” with visitation or child support provisions, or on which parent is more likely to allow visitation or pay support.
Joint custody presumption, KRS 403.340(5). If the court orders a modification, there is a presumption, rebuttable by a preponderance of the evidence, that joint custody and equal parenting time are in the child’s best interest, subject to KRS 403.315. If a deviation from equal time is warranted, the court is to construct a schedule that maximizes each parent’s time and is consistent with the child’s welfare.
Fees. Attorney fees and costs “shall be assessed” against a party seeking modification if the court finds the action vexatious and constitutes harassment.

The best-interest factors, KRS 403.270

Standard. The court determines custody in accordance with the child’s best interests, with equal consideration to each parent and any de facto custodian. Subject to KRS 403.315, the presumption of joint custody and equally shared parenting time is rebuttable by a preponderance of the evidence.
First, safety. Before any other factor the court considers allegations of domestic violence and abuse, or of an abused or neglected child, and makes written findings on the record about their impact on the child.
Then the other factors, 403.270(4). They include: the wishes of the parents and any de facto custodian; the wishes of the child, with due consideration given to any influence on those wishes; the child’s interaction with parents, siblings and others; the motivation of the adults in the proceeding; the child’s adjustment and continuing proximity to home, school and community; the mental and physical health of all involved; findings of domestic violence or of a maliciously false abuse allegation; and the likelihood a party will allow “frequent, meaningful, and continuing contact” with the other parent, which the court may not weigh if there is a domestic violence finding that contact will endanger a party or the child.
Domestic violence presumptions, KRS 403.315. If a domestic violence order is or has been entered against a party, the joint custody presumption does not apply to that party. A finding of two or more acts of domestic violence and abuse creates a presumption against joint custody and equal time, and conditions unsupervised visitation and any custody award on completing specified programs and supervised visitation.

Changing time with the child, KRS 403.320

Lighter standard. The court may modify an order granting or denying visitation “whenever modification would serve the best interests of the child”. That is the statutory text for visitation; it does not repeat the two-year bar or the change-of-circumstances language from KRS 403.340.
Restricting a parent. The court shall not restrict a parent’s visitation unless it finds visitation would endanger seriously the child’s physical, mental, moral or emotional health.
Specific orders. On request of either party the court shall issue orders specific as to frequency, timing, duration, conditions and method of scheduling visitation.
Practical point. Whether a request is a change of custody or only of visitation can decide which test applies. We did not read case law on where that line falls, so ask a Kentucky family lawyer or the court clerk before filing.

Forms and filing

Statewide form. We did not read a Kentucky statewide form for a custody modification motion. The statute requires a motion and an affidavit, so plan on a motion, a supporting affidavit and notice to the other parent.
Where to file. The court that entered your decree normally keeps the case. Ask the clerk of that court about local forms, family court rules and fees; see child custody in Kentucky.

What we could not confirm

Statute currency and a stale cross-reference. Kentucky amended KRS 403.270 and 403.315 effective 15 July 2026, and we read those versions. The LRC page for KRS 403.340 showed an effective date of 29 June 2021 and no 2026 amendment. KRS 403.340(3) still refers to “KRS 403.270(2)” for the best-interest factors, but in the current KRS 403.270 the factors appear in subsection (4). We did not resolve how courts read that reference.
Relocation. We did not find or read a Kentucky statute on one parent moving with the child, and we did not read case law, so we cannot say how a move is treated or whether it counts as a change of circumstances. Treat relocation as unconfirmed and ask a lawyer.
Case law. We read no Kentucky appellate decision, so we cannot say how courts apply the change-of-circumstances requirement or the “necessary to serve” language, or how they treat the joint custody presumption on modification.
Other statutes. We did not read KRS 403.280 (temporary orders), KRS 403.822 and the other Uniform Child Custody Jurisdiction and Enforcement Act sections, KRS 403.360 on custody investigations, or the rules on parenting plans, mediation and costs.
Forms, fees and procedure. We did not confirm a statewide form, filing fees, fee waivers, local family court rules or any waiting period beyond the two-year bar.

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