Can a temporary custody agreement made due to deployment be changed?
If you and the other parent agree on the change (“mutual consent,”) the temporary custody agreement you made to address either parent’s deployment can be changed.1
If you make the change before the deploying parent leaves, your changes must be made in writing and signed by both parents. If there is anyone else who will be responsible for your child under your new arrangement, s/he needs to sign the agreement too.2
If you make the change after the deployment begins, your changes must be clearly documented in some way (“in a record”). You will need the consent of both parents, along with anyone else who will be responsible for your child under your new agreement.3
If you and the other parent do not agree about the change, you may want to talk to a Kentucky lawyer to find out what your options are. Go to our KY Finding a Lawyer page for referrals.
1 KRS § 403A.203(1)
1 KRS § 403A.203(2)
1 KRS § 403A.203(3)