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403.832 Simultaneous proceedings.
(1)
(2)
(3)
Except as otherwise provided in KRS 403.828, a court of this state shall not
exercise jurisdiction under Article 2 if, at the time of the commencement of the
proceeding, a proceeding concerning the custody of the child has been
commenced in a court of another state having jurisdiction substantially in
conformity with KRS 403.800 to 403.880, unless the proceeding has been
terminated or is stayed by the court of the other state because a court of this
state is a more convenient forum under KRS 403.834.
Except as otherwise provided in KRS 403.828, a court of this state, before
hearing a child custody proceeding, shall examine the court documents and
other information supplied by the parties pursuant to KRS 403.828. If the court
determines that a child custody proceeding has been commenced in a court in
another state having jurisdiction substantially in accordance with KRS 403.800
to 403.880, the court of this state shall stay its proceeding and communicate
with the court of the other state. If the court of the state having jurisdiction
substantially in accordance with KRS 403.800 to 403.880 does not determine
that the court of this state is a more appropriate forum, the court of this state
shall dismiss the proceeding.
In a proceeding to modify a child custody determination, a court of this state
shall determine whether a proceeding to enforce the determination has been
commenced in another state. If a proceeding to enforce a child custody
determination has been commenced in another state, the court may:
(a) Stay the proceeding for modification pending the entry of an order of the
other state enforcing, staying, denying, or dismissing the proceeding for
enforcement;
(b) Enjoin the parties from continuing with the proceeding for enforcement; or
(c) Proceed with the modification under conditions it considers appropriate.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 17, effective July 13, 2004.
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