Kentucky Statutes 403A.309 – Content of temporary custody order
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(1) An order granting custodial responsibility under this article shall: (a) Designate the order as temporary; and
(b) Identify to the extent feasible the destination, duration, and conditions of the deployment.
(2) If applicable, an order for custodial responsibility under KRS § 403A.301 to
403A.311 shall:
(a) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(b) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one (1) individual and limited contact to another, provide a process to resolve any dispute that may arise;
(c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communication;
(d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;
(e) Provide for the reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and
(f) Provide that the order will terminate pursuant to KRS § 403A.401 to KRS § 403A.404 after the deploying parent returns from deployment.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 21, effective June 29, 2021.
(b) Identify to the extent feasible the destination, duration, and conditions of the deployment.
Terms Used In Kentucky Statutes 403A.309
- Caretaking authority: means the right to live with and care for a child on a day-to- day basis. See Kentucky Statutes 403A.102
- Child: means :
(a) An unemancipated individual who has not attained eighteen (18) years of age. 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 - Limited contact: means the authority of a nonparent to visit a child for a limited time. See Kentucky Statutes 403A.102
- Nonparent: means an individual other than a deploying parent or other parent. 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 - Return from deployment: means the conclusion of a service member's deployment as specified in uniformed service orders. See Kentucky Statutes 403A.102
(2) If applicable, an order for custodial responsibility under KRS § 403A.301 to
403A.311 shall:
(a) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(b) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one (1) individual and limited contact to another, provide a process to resolve any dispute that may arise;
(c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communication;
(d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;
(e) Provide for the reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and
(f) Provide that the order will terminate pursuant to KRS § 403A.401 to KRS § 403A.404 after the deploying parent returns from deployment.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 21, effective June 29, 2021.