Title XXXV, Domestic Relations
8 chapters · 325 sections in this title.
KRS § 405.010 Parents entitled to services and earnings of child -- Suit for loss of
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The father and mother of a child under the age of eighteen are equally entitled to its services and earnings. If one of the parents is dead, or has abandoned the child, or been deprived of its custody by court decree, the other is entitled to its services and earnings. The parent…
KRS § 405.020 Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian
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disabled children -- De facto custodian. (1) The father and mother shall have the joint custody, nurture, and education of their children who are under the age of eighteen (18). If either of the parents dies, the survivor, if suited to the trust, shall have the custody, nurture, …
KRS § 405.021 Reasonable visitation rights to grandparents
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(1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so. Once a grandparent has been gra…
KRS § 405.023 Centralized statewide information and referral program for grandparents and other caregivers caring for minors who are not their biological children
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and other caregivers caring for minors who are not their biological children. (1) The Cabinet for Health and Family Services shall create a centralized statewide service program that provides information and referrals through a statewide toll-free telephone number to grandparents…
KRS § 405.024 Adult caregiver with whom minor resides may, by affidavit, establish authority to make health care treatment and school-related decisions for minor -- Conditions -- Authority may be revoked or superseded -- Obligations and liability of health care provider -- Penalty
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authority to make health care treatment and school-related decisions for minor -- Conditions -- Authority may be revoked or superseded -- Obligations and liability of health care provider -- Penalty. (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Fami…
KRS § 405.025 Parent or guardian liable for willful damage to property caused by minor
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(1) The parent or guardian of any unemancipated minor, in his care and custody, against whom judgment has been rendered for the willful marking upon, defacing or damaging of any property, shall be liable for the payment of that judgment up to an amount not to exceed twenty-five h…
KRS § 405.027 Court may require parent or guardian of minor defendant to pay attorney's fees and costs
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attorney's fees and costs. In any proceeding within this Commonwealth wherein a minor child is a party defendant, it shall be within the sound discretion of the court to direct that the parents or guardian of such minor child pay all attorney's fees and costs, including but not l…
KRS § 405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation
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felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation. (1) Except as provided in subsection (2) of this section, any person who has been convicted of a felony offense under KRS Chapter 510, or a comparable offense from another jurisdictio…
KRS § 405.060 Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor
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property to avoid payment to child support creditor. (1) Any sale or conveyance made to a purchaser with notice or for the benefit of any religious society, if made in fraud or hindrance of the right of wife or child to maintenance, shall be void as against the wife or child. (2)…
KRS § 405.070 Provision for children of parent joining certain religious societies
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When a parent of a child joins any religious society whose faith is similar to that of the Shakers without having made adequate provision for his children, the Circuit Court of the county where he resides, or of the county in which any part of his property is situated, if he does…
KRS § 405.075 Definitions for section -- Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability -- Short title
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with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter,…
KRS § 405.390 Adoption of an adult
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An adult person over eighteen (18) years of age may be adopted in the same manner as provided by law for the adoption of a child and with the same legal effect, except that his consent alone to such adoption shall be required.
KRS § 405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530
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The definitions provided in KRS 15.800 shall be applicable to KRS 405.430 to 405.530, unless the context requires otherwise.
KRS § 405.411 Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases
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or who fail to appear in child support cases. (1) The Office of the Attorney General's designee under KRS 15.802(6) for the administration of child support may compile a list of the names of persons under its jurisdiction who have a child support arrearage that equals or exceeds …
KRS § 405.430 Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce child support obligation -- Prohibition -- Employment assistance
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or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to…
KRS § 405.435 Information from employers and labor organizations upon hiring of Kentucky residents -- Use of information in matters of paternity and child support -- Fine for noncompliance -- Hearing
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Kentucky residents -- Use of information in matters of paternity and child support -- Fine for noncompliance -- Hearing. (1) An employer or labor organization in the Commonwealth of Kentucky shall provide information to the Office of the Attorney General when that employer or lab…
KRS § 405.440 Notice of, and hearing on, determination of obligation
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The notice of a minimum monthly support obligation shall be served in person or by certified mail, return receipt requested, and shall include at least the following: (1) The name of the child for whom the support obligation is owed; (2) The amount of the support debt accrued or …
KRS § 405.450 Dispute hearings -- Appeal -- Payment during pendency of appeal -- Contested obligation amount during modification review
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Contested obligation amount during modification review. (1) A hearing officer appointed by the Office of Administrative Hearings within the Department of Law shall conduct dispute hearings in the county of the child or parent's residence or any other location acceptable to the pa…
KRS § 405.460 Enforcement of support obligation without action of hearing officer -- Action to collect debt
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Action to collect debt. (1) When an arrearage has accrued that is equal to the amount of support payable for one (1) month on court-ordered or administratively-determined child support, which was set prior to July 15, 1988, the Office of the Attorney General may use judicial or a…
KRS § 405.463 Withholding of state lottery winnings of delinquent child support obligors
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The Kentucky Lottery Corporation and the Office of the Attorney General shall develop a system to allow the Kentucky Lottery Corporation to receive a list of delinquent child support obligors from the office on a monthly basis. The Kentucky Lottery Corporation shall withhold deli…
KRS § 405.465 Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders
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support, maintenance, and medical support insurance orders. (1) This section shall apply only to those child support, medical support, maintenance, and medical support insurance orders that are established, modified, or enforced by the Office of the Attorney General or those cour…
KRS § 405.467 Withholding order issued by office -- Notice -- Hearing -- Combining orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests
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orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests. (1) All support orders issued by the Office of the Attorney General, including those issued pursuant to Part D, Title IV of the Federal Social Security Act, shall provide for immed…
KRS § 405.470 Order to withhold and deliver earnings or property
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(1) The Attorney General may collect delinquent child support by issuing an order to withhold and deliver earnings or property of any kind, real and personal, including booting of vehicle in accordance with administrative regulations promulgated under KRS 15.820, which the Attorn…
KRS § 405.480 Order to withhold -- Service -- Contents
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(1) An order to withhold and deliver shall be personally served or mailed by certified mail, return receipt requested, on the person in possession or control of the property and the obligor. (2) The order shall state the basis for and the amount of the support debt and that the o…
KRS § 405.490 Answer to order to withhold -- Procedure for obligor to contest amount of delinquent support withheld
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delinquent support withheld. (1) Any person, including the obligor, who has been served with an order to withhold and deliver the obligor's property shall answer the order within twenty (20) days. (2) The person in possession of any obligor's property shall withhold it and delive…
KRS § 405.500 Rebuttable presumption of receipt of notice
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(1) Whenever KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), or 530.050 require delivery of a notice or other communication in person or by certified mail, return receipt requested, receipt shall be rebuttably presumed if the obligor or any other adult with apparen…
KRS § 405.510 Reciprocity
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Persons holding earnings or real or personal property in Kentucky of obligors who owe child support shall honor valid orders of other states' courts to enforce child support obligations.
KRS § 405.520 Administrative regulations
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The Office of the Attorney General may promulgate administrative regulations to implement KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), and 530.050. The office may adopt regulations necessary to prevent conflict with federal laws and regulations or the loss of fe…
KRS § 405.991 Penalties
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(1) Any person or corporation violating the provisions of KRS 405.465 or 405.467 shall be fined not more than five hundred dollars ($500) or be imprisoned in the county jail for not more than one (1) year, or both. (2) A person who violates KRS 405.490(2) shall pay the Office of …