Kentucky Statutes 403A.104 – Jurisdiction
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(1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, KRS § 403.800 to KRS § 403.880.
(2) If a court has issued a temporary order regarding custodial responsibility pursuant to KRS § 403A.301 to KRS § 403A.311, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to KRS § 403A.201 to KRS § 403A.205, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(4) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(5) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 4, effective June 29, 2021.
(2) If a court has issued a temporary order regarding custodial responsibility pursuant to KRS § 403A.301 to KRS § 403A.311, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
Terms Used In Kentucky Statutes 403A.104
- 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 - 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 403A.102
(3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to KRS § 403A.201 to KRS § 403A.205, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(4) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(5) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 4, effective June 29, 2021.