Kentucky Statutes 407.5204 – Simultaneous proceedings
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(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if:
(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(a) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(b) The contesting party timely challenges the exercise of jurisdiction in this state;
and
(c) If relevant, the other state or foreign country is the home state of the child.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 18, sec. 7, effective June 24, 2015. — Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch. 365, sec. 19, effective upon contingency.
(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
Terms Used In Kentucky Statutes 407.5204
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- 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
(b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(a) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(b) The contesting party timely challenges the exercise of jurisdiction in this state;
and
(c) If relevant, the other state or foreign country is the home state of the child.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 18, sec. 7, effective June 24, 2015. — Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch. 365, sec. 19, effective upon contingency.