Quisenberry v. Quisenberry

LEIBSON, Justice.

The principal issue before us is the standard to be applied by the trial court in ruling on a motion to change child custody filed more than two years after the date of the original custody decree. Otherwise stated, the question is whether the statutory requirements in KRS 403.340(2)(c) apply in this case before considering whether “modification is necessary to serve the best interest of the child.” KRS 403.340(2) provides in its entirety:

“If a court of this state has jurisdiction pursuant to the uniform child custody jurisdiction act, the court shall not modify a prior…