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403.822 Initial child custody jurisdiction.
(1)
(2)
(3)
Except as otherwise provided in KRS 403.828, a court of this state shall have
jurisdiction to make an initial child custody determination only if:
(a) This state is the home state of the child on the date of the commencement of
the proceeding, or was the home state of the child within six (6) months
before the commencement of the proceeding and the child is absent from this
state but a parent or person acting as a parent continues to live in this state; or
(b) A court of another state does not have jurisdiction under paragraph (a) of this
subsection, or a court of the home state of the child has declined to exercise
jurisdiction on the ground that this state is the more appropriate forum under
KRS 403.834 or 403.836; and
1.
The child and the child's parents, or the child and at least one (1) parent
or a person acting as a parent, have a significant connection with this
state other than mere physical presence; and
2.
Substantial evidence is available in this state concerning the child's care,
protection, training, and personal relationships; or
(c) All courts having jurisdiction under paragraph (a) or (b) of this subsection
have declined to exercise jurisdiction on the ground that a court of this state is
the more appropriate forum to determine the custody of the child under KRS
403.834 or 403.836; or
(d) No court of any other state would have jurisdiction under the criteria specified
in paragraph (a), (b), or (c) of this subsection.
Subsection (1) of this section is the exclusive jurisdictional basis for making a child
custody determination by a court of this state.
Physical presence of, or personal jurisdiction over, a party or a child is not
necessary or sufficient to make a child custody determination.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 12, effective July 13, 2004.
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