Kentucky Statutes 403A.401 – Procedure for terminating temporary grant of custodial responsibility established by agreement
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(1) At any time after return from deployment, a temporary agreement granting custodial responsibility under KRS § 403A.201 to KRS § 403A.205 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
(2) A temporary agreement under KRS § 403A.201 to KRS § 403A.205 granting custodial responsibility terminates:
(a) If an agreement to terminate under subsection (1) of this section specifies a date for termination, on that date; or
(b) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
(3) In the absence of an agreement under subsection (1) of this section to terminate, a temporary agreement granting custodial responsibility terminates under KRS
403A.201 to 403A.205 sixty (60) days after the deploying parent gives notice to the
other parent that the deploying parent returned from deployment.
(4) If a temporary agreement granting custodial responsibility was filed with a court pursuant to KRS § 403A.205, an agreement to terminate the temporary agreement also shall be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 24, effective June 29, 2021.
(2) A temporary agreement under KRS § 403A.201 to KRS § 403A.205 granting custodial responsibility terminates:
Terms Used In Kentucky Statutes 403A.401
- Child: means :
(a) An unemancipated individual who has not attained eighteen (18) years of age. See Kentucky Statutes 403A.102 - 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
(a) If an agreement to terminate under subsection (1) of this section specifies a date for termination, on that date; or
(b) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
(3) In the absence of an agreement under subsection (1) of this section to terminate, a temporary agreement granting custodial responsibility terminates under KRS
403A.201 to 403A.205 sixty (60) days after the deploying parent gives notice to the
other parent that the deploying parent returned from deployment.
(4) If a temporary agreement granting custodial responsibility was filed with a court pursuant to KRS § 403A.205, an agreement to terminate the temporary agreement also shall be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 24, effective June 29, 2021.