There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 403 DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
403.838 Information to be submitted to court.
Download pdfchild's present address or whereabouts, the places where the child has lived during
the last five (5) years, and the names and present addresses of the persons with
whom the child has lived during that period. The pleading or affidavit shall state
whether the party:
(a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so,
identify the court, the case number, and the date of the child custody
determination, if any; (b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence,
protective orders, termination of parental rights, and adoptions and, if so,
identify the court, the case number, and the nature of the proceeding; and (c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or
physical custody of, or visitation with, the child and, if so, the names and
addresses of those persons. (2) If the information required by subsection (1) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the
information is furnished. (3) If the declaration as to any of the items described in subsection (1) of this section is in the affirmative, the declarant shall give additional information under oath as
required by the court. The court may examine the parties under oath as to the details
of the information furnished and other matters pertinent to the court's jurisdiction
and the disposition of the case. (4) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (5) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying
information, the information shall be sealed and shall not be disclosed to the other
party or the public unless the court orders the disclosure to be made after a hearing
in which the court takes into consideration the health, safety, or liberty of the party
or child and determines that the disclosure is in the interest of justice. Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 20, effective July 13, 2004.
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