Kentucky Statutes 403A.201 – Form of agreement
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(1) The parents of a child may enter into a temporary agreement under KRS § 403A.201 to KRS § 403A.205 granting custodial responsibility during deployment.
(2) An agreement under subsection (1) of this section shall be: (a) In writing; and
(b) Signed by both parents and any nonparent to whom custodial responsibility is granted.
(3) Subject to subsection (4) of this section, an agreement under subsection (1) of this section, if feasible, shall:
(a) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(c) Specify any decision-making authority that accompanies a grant of caretaking authority;
(d) Specify any grant of limited contact to a nonparent;
(e) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(g) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(h) Acknowledge that any party’s child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during the deployment requires modification in the appropriate court;
(i) Provide that the agreement will terminate according to the procedures under KRS § 403A.401 to KRS § 403A.404 after the deploying parent returns from deployment; and
(j) If the agreement must be filed pursuant to KRS § 403A.205, specify which parent is required to file the agreement.
(4) The omission of any of the items specified in subsection (3) of this section does not invalidate an agreement under this section.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 8, effective June 29, 2021.
(2) An agreement under subsection (1) of this section shall be: (a) In writing; and
Terms Used In Kentucky Statutes 403A.201
- 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 - 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 - 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
(b) Signed by both parents and any nonparent to whom custodial responsibility is granted.
(3) Subject to subsection (4) of this section, an agreement under subsection (1) of this section, if feasible, shall:
(a) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(c) Specify any decision-making authority that accompanies a grant of caretaking authority;
(d) Specify any grant of limited contact to a nonparent;
(e) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(g) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(h) Acknowledge that any party’s child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during the deployment requires modification in the appropriate court;
(i) Provide that the agreement will terminate according to the procedures under KRS § 403A.401 to KRS § 403A.404 after the deploying parent returns from deployment; and
(j) If the agreement must be filed pursuant to KRS § 403A.205, specify which parent is required to file the agreement.
(4) The omission of any of the items specified in subsection (3) of this section does not invalidate an agreement under this section.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 8, effective June 29, 2021.