Kentucky Statutes 403A.105 – Notification required of deploying parent
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided in subsection (4) of this section, and subject to subsection (3) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven (7) days, the deploying parent shall give the notification as soon as reasonably possible.
(2) Except as otherwise provided in subsection (4) of this section, and subject to subsection (3) of this section, each parent shall provide in a record the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (1) of this section.
(3) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (1) of this section, or notification of a plan for custodial responsibility during deployment under subsection (2) of this section, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(4) Notification in a record under subsection (1) or (2) of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(5) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 5, effective June 29, 2021.
(2) Except as otherwise provided in subsection (4) of this section, and subject to subsection (3) of this section, each parent shall provide in a record the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (1) of this section.
Terms Used In Kentucky Statutes 403A.105
- Court: means a tribunal authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Kentucky Statutes 403A.102
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Kentucky Statutes 403A.102
- Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
(a) A parent of a child under law of this state other than this chapter. See Kentucky Statutes 403A.102 - Deployment: means the movement or mobilization of a service member for more than ninety (90) days but less than eighteen (18) months pursuant to uniformed service orders that:
(a) Are designated as unaccompanied. See Kentucky Statutes 403A.102 - Other parent: means an individual who, in common with a deploying parent, is:
(a) A parent of a child under law of this state other than this chapter. See Kentucky Statutes 403A.102 - Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 403A.102
(3) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (1) of this section, or notification of a plan for custodial responsibility during deployment under subsection (2) of this section, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(4) Notification in a record under subsection (1) or (2) of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(5) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 5, effective June 29, 2021.