Kentucky Statutes 403.826 – Jurisdiction to modify determination
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Except as otherwise provided in KRS § 403.828, a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under KRS § 403.822(1)(a) or (b) and:
(1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under KRS § 403.824 or that a court of this state would be a more convenient forum under KRS § 403.834; or
(2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 14, effective July 13, 2004.
(1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under KRS § 403.824 or that a court of this state would be a more convenient forum under KRS § 403.834; or
Terms Used In Kentucky Statutes 403.826
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 14, effective July 13, 2004.