Father appealed FC’s order making Mother primary residential parent of Child.
Mother and Father, never married, had Child in 2000. In 2004, FC entered Order awarding joint custody and designating Father as primary residential custodian. In 2008, Mother moved FC to change custody, based on Father’s history of alcohol abuse, including 2 DUI’s in previous 18 months. FC order joint custody to continue, but changed primary residential parent from Father to Mother. Father appealed.
CA noted that under Pennington v. Marcum, Mother was actually seeking change in parenting time, not a change in custody, and therefore falls under the purview of KRS § 403.320. This statute states that visitation/time-sharing may only be modified upon a proper showing that “modification would serve the best interests of the child.” FC properly relied on Mother’s evidence that demonstrated that it was “in the best interest of the child” that Mother become the primary residential parent.