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403.838 Information to be submitted to court.
(1)
(2)
(3)
(4)
(5)
In a child custody proceeding, each party, in its first pleading or in an attached
affidavit, shall give information, if reasonably ascertainable, under oath as to
the child'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.
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.
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.
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.
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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