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403.822 Initial child custody jurisdiction.
(1)
(2)
(3)
Except as otherwise provided in KRS 403.828, a court of this state shall have
jurisdiction to make an initial child custody determination only if:
(a) This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child
within six (6) months before the commencement of the proceeding and
the child is absent from this state but a parent or person acting as a
parent continues to live in this state; or
(b) A court of another state does not have jurisdiction under paragraph (a) of
this subsection, or a court of the home state of the child has declined to
exercise jurisdiction on the ground that this state is the more appropriate
forum under KRS 403.834 or 403.836; and
1.
The child and the child's parents, or the child and at least one (1)
parent or a person acting as a parent, have a significant connection
with this state other than mere physical presence; and
2.
Substantial evidence is available in this state concerning the child's
care, protection, training, and personal relationships; or
(c) All courts having jurisdiction under paragraph (a) or (b) of this subsection
have declined to exercise jurisdiction on the ground that a court of this
state is the more appropriate forum to determine the custody of the child
under KRS 403.834 or 403.836; or
(d) No court of any other state would have jurisdiction under the criteria
specified in paragraph (a), (b), or (c) of this subsection.
Subsection (1) of this section is the exclusive jurisdictional basis for making a
child custody determination by a court of this state.
Physical presence of, or personal jurisdiction over, a party or a child is not
necessary or sufficient to make a child custody determination.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 12, effective July 13, 2004.
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