Kentucky Statutes 403A.202 – Nature of authority created by agreement
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(1) An agreement under KRS § 403A.201 to KRS § 403A.205 is temporary and terminates pursuant to KRS § 403A.401 to KRS § 403A.404 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under KRS § 403A.203. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under KRS § 403A.201 to KRS § 403A.205 has standing to enforce the agreement until it has been terminated by court order, by modification under KRS § 403A.203, or under KRS § 403A.401 to KRS § 403A.404.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 9, effective June 29, 2021.
(2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under KRS § 403A.201 to KRS § 403A.205 has standing to enforce the agreement until it has been terminated by court order, by modification under KRS § 403A.203, or under KRS § 403A.401 to KRS § 403A.404.
Terms Used In Kentucky Statutes 403A.202
- Caretaking authority: means the right to live with and care for a child on a day-to- day basis. 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
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 9, effective June 29, 2021.