Kentucky Statutes 403A.302 – Proceeding for temporary custody order
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(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under KRS § 403A.104 or, if there is no pending proceeding in a court with jurisdiction under KRS § 403A.104, in a new action for granting custodial responsibility during deployment.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 14, effective June 29, 2021.
(2) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under KRS § 403A.104 or, if there is no pending proceeding in a court with jurisdiction under KRS § 403A.104, in a new action for granting custodial responsibility during deployment.
Terms Used In Kentucky Statutes 403A.302
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 14, effective June 29, 2021.