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403.280 Temporary custody orders.
(1)
(2)
(3)
(4)
A party to a custody proceeding may move for a temporary custody order. The
motion must be supported by an affidavit as provided in KRS 403.350. The
court may award temporary custody under the standards of KRS 403.270 after
a hearing, or, if there is no objection, solely on the basis of the affidavits.
If a proceeding for dissolution of marriage or legal separation is dismissed, any
temporary custody order is vacated unless a parent or the child's custodian
moves that the proceeding continue as a custody proceeding and the court
finds, after a hearing, that the circumstances of the parents and the best
interests of the child require that a custody decree be issued.
If a custody proceeding commenced in the absence of a petition for dissolution
of marriage or legal separation under KRS 403.822(1)(a) or (b) is dismissed,
any temporary custody order is vacated.
If a court determines by clear and convincing evidence that a person is a de
facto custodian, the court shall join that person in the action, as a party needed
for just adjudication under Rule 19 of the Kentucky Rules of Civil Procedure.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 133, sec. 43, effective July 13, 2004. -Amended 1998 Ky. Acts ch. 250, sec. 2, effective July 15, 1998. -- Created 1972
Ky. Acts ch. 182, sec. 18.
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