2013 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.300 Investigation: court may order in custody proceedings -- Attorney to receive copy.
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403.300 Investigation: court may order in custody proceedings -- Attorney to
receive copy.
(1)
(2)
(3)
In contested custody proceedings, and in other custody proceedings if a parent
or the child's custodian so requests, the court may order an investigation and
report concerning custodial arrangements for the child. The investigation and
report may be made by the friend of the court or such other agency as the
court may select.
In preparing his report concerning a child, the investigator may consult any
person who may have information about the child and his potential custodial
arrangements. Upon order of the court, the investigator may refer the child to
professional personnel for diagnosis. The investigator may consult with and
obtain information from medical, psychiatric, or other expert persons who have
served the child in the past without obtaining the consent of the parent or the
child's custodian; but the child's consent must be obtained if he has reached
the age of 16, unless the court finds that he lacks mental capacity to consent. If
the requirements of subsection (3) are fulfilled, the investigator's report may be
received in evidence at the hearing.
The clerk shall mail the investigator's report to counsel and to any party not
represented by counsel at least 10 days prior to the hearing. The investigator
shall make available to counsel and to any party not represented by counsel
the investigator's file of underlying data, and reports, complete texts of
diagnostic reports made to the investigator pursuant to the provisions of
subsection (2), and the names and addresses of all persons whom the
investigator has consulted. Any party to the proceeding may call the
investigator and any person whom he has consulted for cross-examination. A
party may not waive his right of cross-examination prior to the hearing.
History: Created 1972 Ky. Acts ch. 182, sec. 20.
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