Download as PDF
403.828 Temporary emergency jurisdiction.
(1)
(2)
(3)
(4)
A court of this state has temporary emergency jurisdiction if the child is present
in this state and the child has been abandoned or it is necessary in an
emergency to protect the child because the child, or a sibling or parent of the
child, is subjected to or threatened with mistreatment or abuse.
If there is no previous child custody determination that is entitled to be
enforced under KRS 403.800 to 403.880 and a child custody proceeding has
not been commenced in a court of a state having jurisdiction under KRS
403.822, 403.824, and 403.826, a child custody determination made under this
section remains in effect until an order is obtained from a court of a state
having jurisdiction under KRS 403.822, 403.824, and 403.826. If a child
custody proceeding has not been or is not commenced in a court of a state
having jurisdiction under KRS 403.822, 403.824, and 403.826, a child custody
determination made under this section becomes a final determination, if it so
provides and this state becomes the home state of the child.
If there is a previous child custody determination that is entitled to be enforced
under KRS 403.800 to 403.880, or a child custody proceeding has been
commenced in a court of a state having jurisdiction under KRS 403.822,
403.824, and 403.826, any order issued by a court of this state under this
section shall specify in the order a period that the court considers adequate to
allow the person seeking an order to obtain an order from the state having
jurisdiction under KRS 403.822, 403.824, and 403.826. The order issued in this
state remains in effect until an order is obtained from the other state within the
period specified or the period expires.
A court of this state which has been asked to make a child custody
determination under this section, upon being informed that a child custody
proceeding has been commenced in, or a child custody determination has
been made by, a court of a state having jurisdiction under KRS 403.822,
403.824, and 403.826, shall immediately communicate with the other court. A
court of this state which is exercising jurisdiction pursuant to KRS 403.822,
403.824, and 403.826, upon being informed that a child custody proceeding
has been commenced in, or a child custody determination had been made by,
a court of another state under a statute similar to this section shall immediately
communicate with the court of that state to resolve the emergency, protect the
safety of the parties and the child, and determine a period for the duration of
the temporary order.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 15, effective July 13, 2004.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.