2015 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.320 Visitation of minor child -- Military deployment of parent or custodian -- Visitation rights of custodial relatives following termination of parental rights of others.
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403.320 Visitation of minor child -- Military deployment of parent or custodian -Visitation rights of custodial relatives following termination of parental rights
of others.
(1)
(2)
(3)
(4)
(5)
A parent not granted custody of the child is entitled to reasonable visitation rights
unless the court finds, after a hearing, that visitation would endanger seriously the
child's physical, mental, moral, or emotional health. Upon request of either party,
the court shall issue orders which are specific as to the frequency, timing, duration,
conditions, and method of scheduling visitation and which reflect the development
age of the child.
If domestic violence and abuse, as defined in KRS 403.720, has been alleged, the
court shall, after a hearing, determine the visitation arrangement, if any, which
would not endanger seriously the child's or the custodial parent's physical, mental,
or emotional health.
The court may modify an order granting or denying visitation rights whenever
modification would serve the best interests of the child; but the court shall not
restrict a parent's visitation rights unless it finds that the visitation would endanger
seriously the child's physical, mental, moral, or emotional health.
(a) Except as provided in paragraph (b) of this subsection, any court-ordered
modification of a child visitation decree, based in whole or in part on:
1.
The active duty of a parent or a de facto custodian as a regular member
of the United States Armed Forces deployed outside the United States;
or
2.
Any federal active duty of a parent or a de facto custodian as a member
of a state National Guard or a Reserve component;
shall be temporary and shall revert back to the previous child visitation decree
at the end of the deployment outside the United States or the federal active
duty, as appropriate.
(b) A parent or de facto custodian identified in paragraph (a) of this subsection
may consent to a modification of a child visitation decree that continues past
the end of the deployment outside the United States or the federal active duty,
as appropriate.
Under circumstances where the court finds, by clear and convincing evidence, it is
in the best interest of the child, any relative, by blood or affinity, that was
previously granted temporary custody pursuant to the provisions of KRS 620.090
may be granted reasonable noncustodial parental visitation rights by a Circuit Court
or Family Court as an intervenor or by original action. Once the relative has been
granted visitation pursuant to this subsection, those rights shall not be adversely
affected by the termination of custodial or parental rights of an individual who has
permanent custody of the child unless the court determines that termination of the
visitation rights are in the best interests of the child. The action shall be brought in
the county in which the temporary or permanent custody order was entered or where
the child resides.
Effective: March 22, 2013
History: Amended 2013 Ky. Acts ch. 79, sec. 1, effective March 22, 2013. -- Amended
1992 Ky. Acts ch. 169, sec. 3, effective July 14, 1992; and ch. 414, sec. 1, effective
July 14, 1992. -- Created 1972 Ky. Acts ch. 182, sec. 22.
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