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403.828 Temporary emergency jurisdiction.
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A court of this state has temporary emergency jurisdiction if the child is present in
this state and the child has been abandoned or it is necessary in an emergency to
protect the child because the child, or a sibling or parent of the child, is subjected to
or threatened with mistreatment or abuse.
If there is no previous child custody determination that is entitled to be enforced
under KRS 403.800 to 403.880 and a child custody proceeding has not been
commenced in a court of a state having jurisdiction under KRS 403.822, 403.824,
and 403.826, a child custody determination made under this section remains in
effect until an order is obtained from a court of a state having jurisdiction under
KRS 403.822, 403.824, and 403.826. If a child custody proceeding has not been or
is not commenced in a court of a state having jurisdiction under KRS 403.822,
403.824, and 403.826, a child custody determination made under this section
becomes a final determination, if it so provides and this state becomes the home
state of the child.
If there is a previous child custody determination that is entitled to be enforced
under KRS 403.800 to 403.880, or a child custody proceeding has been commenced
in a court of a state having jurisdiction under KRS 403.822, 403.824, and 403.826,
any order issued by a court of this state under this section shall specify in the order a
period that the court considers adequate to allow the person seeking an order to
obtain an order from the state having jurisdiction under KRS 403.822, 403.824, and
403.826. The order issued in this state remains in effect until an order is obtained
from the other state within the period specified or the period expires.
A court of this state which has been asked to make a child custody determination
under this section, upon being informed that a child custody proceeding has been
commenced in, or a child custody determination has been made by, a court of a state
having jurisdiction under KRS 403.822, 403.824, and 403.826, shall immediately
communicate with the other court. A court of this state which is exercising
jurisdiction pursuant to KRS 403.822, 403.824, and 403.826, upon being informed
that a child custody proceeding has been commenced in, or a child custody
determination had been made by, a court of another state under a statute similar to
this section shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and determine a period
for the duration of the temporary order.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 15, effective July 13, 2004.
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