Can Kentucky parents regain child custody after losing it?
If you’ve recently finalized or filed for a divorce, and happen to be a parent, you no doubt have concerns regarding the implications the situation will have in your children’s lives. It is helpful to review Kentucky laws ahead of time, so that you know what to expect during proceedings. Various issues may arise down the line to compel the court to remove your child custody privileges. A modification occurs when a family court judge changes part or all of an existing court order. Since the court makes its initial decisions under careful consideration of state guidelines, while keeping children’s best interests in mind, judges do not modify their orders without just cause. If you have lost custody of your kids, you must convince the court to reverse the decision by demonstrating fitness as a parent. Has someone wrongly accused you of neglect or abuse in a child custody case? The court makes child custody decisions with children’s best interests in mind. You do not need to be passive if someone has asserted false accusations against you, causing you to lose custody of your children. You’ll need to gather evidence to prove that the allegations are untrue. Local law enforcement agencies, social workers and other licensed professionals may become involved in your case. You might have to undergo a mental health examination. If you can convince the judge overseeing your case that your ex has wrongfully accused you, you might be able to regain custody. Was child custody removal associated with a court order or substance abuse? Perhaps the reason the court took away your child custody privileges is because you violated a court order. Maybe you’re struggling with alcohol or drug addiction. In either case, it wouldn’t be uncommon for a family court judge to determine it best for children in such situations to be in the custody of their other parent or a grandparent, at least temporarily. However, if you’re able to resolve the issue, such as by entering a rehabilitation program to overcome addiction, you may be able to request modification of the court order to regain custody or visitation privileges. The legal term for this is “contingency.” It means that the court is willing to grant child custody privileges to you with special requirements, such as taking parenting classes, entering rehab or fulfilling any stipulations the court requires. Kentucky laws protect children in a divorce Remember that a Kentucky family court judge always has children’s best interests in mind when making child custody decisions. Losing custody may be a devastating experience, but it doesn’t necessarily mean there is no hope of getting it back. The post Can Kentucky parents regain child custody after losing it? first appeared on Landon Law.