387.838 Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a
protective order limited to property located in this state under KRS 387.828(1)(a) or (b),
if a petition for the appointment of a guardian or issuance of a protective order is filed in
this state and in another state and neither petition has been dismissed or withdrawn, the
following rules apply:
(1) If the court in this state has jurisdiction under KRS 387.826, it may proceed with
the case unless a court in another state acquires jurisdiction under provisions similar
to KRS 387.826 before the appointment or issuance of the order; and
(2) If the court in this state does not have jurisdiction under KRS 387.826, whether at
the time the petition is filed or at any time before the appointment or issuance of the
order, the court shall stay the proceeding and communicate with the court in the
other state. If the court in the other state has jurisdiction, the court in this state shall
dismiss the petition unless the court in the other state determines that the court in
this state is a more appropriate forum.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 47, sec. 15, effective June 8, 2011.
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