Kentucky Statutes 403A.305 – Effect of prior judicial order or agreement
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In a proceeding for a grant of custodial responsibility pursuant to KRS § 403A.301 to
403A.311, the following rules apply:
(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under KRS § 403A.201 to KRS § 403A.205, unless the court finds that the agreement is contrary to the best interest of the child.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 17, effective June 29, 2021.
403A.311, the following rules apply:
Terms Used In Kentucky Statutes 403A.305
- 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
- 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 - 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
(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under KRS § 403A.201 to KRS § 403A.205, unless the court finds that the agreement is contrary to the best interest of the child.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 17, effective June 29, 2021.