Title XXXV, Domestic Relations

(1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2. (2) Except as otherwise provided in subsection (3) of this section, a child custody determination made in a foreign country under factu…

A child custody determination made by a court of this state that had jurisdiction under KRS 403.800 to 403.880 binds all persons who have been served in accordance with the laws of this state or notified in accordance with KRS 403.812 or who have submitted to the jurisdiction of …

If a question of existence or exercise of jurisdiction under KRS 403.800 to 403.880 is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.

(1) Notice required for the exercise of jurisdiction when a person is outside this state shall be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably cal…

(1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by re…

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under KRS 403.800 to 403.880. (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they sha…

(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony …

(1) A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to produce or give evidence pursuant to procedures of that state; (c) Order that an evaluation be made with respect to the custody of a child invol…

(1) 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 chi…

(1) Except as otherwise provided in KRS 403.828, a court of this state which has made a child custody determination consistent with KRS 403.822 or 403.826 has exclusive, continuing jurisdiction over the determination until: (a) A court of this state determines that neither the ch…

Except as otherwise provided in KRS 403.828, a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under KRS 403.822(1)(a) or (b) and: (1) The court of t…

(1) 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…

(1) Before a child custody determination is made under KRS 403.800 to 403.880, notice and an opportunity to be heard in accordance with the standards of KRS 403.812 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings betwee…

(1) 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 jur…

(1) A court of this state which has jurisdiction under KRS 403.800 to 403.880 to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is …

(1) Except as otherwise provided in KRS 403.828, or by other law of this state, if a court of this state has jurisdiction under KRS 403.800 to 403.880 because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its…

(1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years,…

(1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the c…

As used in Article 3: (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination; and (2) "Respondent" means a person agai…

Under Article 3, a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.

(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with KRS 403.800 to 403.880 or the determination was made under factual circumstances meeting the j…

(1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) A visitation schedule made by a court of another state; or (b) The visitation provisions of a child custody determination of another state…

(1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to a court with jurisdiction in this state: (a) A letter or other document requesting registration; (b) Two (2)…

(1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but shall not modify, except in accordance wi…

If a proceeding for enforcement under Article 3 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court…

(1) A petition under Article 3 shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (2) A petition for en…

Except as otherwise provided in KRS 403.862, the petition and order shall be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.

(1) Unless the court issues a temporary emergency order pursuant to KRS 403.828, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the responde…

(1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remo…

(1) The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during t…

A court of this state shall accord full faith and credit to an order issued by another state and consistent with KRS 403.800 to 403.880 which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court havin…

A party may move for an expedited appeal from a final order in a proceeding under Article 3. Unless the court enters a temporary emergency order under KRS 403.828, the enforcing court shall not stay an order enforcing a child custody determination pending appeal.

(1) In a case arising under KRS 403.800 to 403.880 or involving the Hague Convention on the Civil Aspects of International Child Abduction, the county attorney or other appropriate public official may take any lawful action, including resort to a proceeding under Article 3 or any…

At the request of a county attorney or other appropriate public official acting under KRS 403.870, a peace officer may take any lawful action reasonably necessary to locate a child or a party and assist a county attorney or other appropriate public official with responsibilities …

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the county attorney or other appropriate public official and peace officers under KRS 403.870 or 403.872.

In applying and construing KRS 403.800 to 403.880, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(1) A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before July 13, 2004, is governed by the law in effect at the time the motion or other request was made. (2) Custody decrees previously regi…

KRS 403.800 to 403.880 may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.

estate to debts. (1) Marriage shall give to the husband, during the life of the wife, no estate or interest in the wife's property, real or personal, owned at the time or acquired after the marriage. During the existence of the marriage relationship the wife shall hold and own al…

between husband and wife. (1) A married woman may acquire and hold property, real and personal, by gift, devise or descent, or by purchase, and may, in her own name, as if she were unmarried, sell and dispose of her personal property. She may make contracts, and sue and be sued, …

Husband's curtesy right -- Conveyance by married woman through agent. (1) A married woman may sell, convey or encumber any of her lands and chattels real, but such sale, conveyance or encumbrance shall not bar the husband's right to curtesy unless he joins in the instrument of sa…

The husband shall not be liable for any debt or responsibility of the wife contracted or incurred before or after marriage, except to the amount or value of the property he received from or by her by virtue of the marriage; but he shall be liable for necessaries furnished to her …

claim. When a husband has been adjudged mentally disabled by a court of competent jurisdiction, the wife, by judgment of a court of equity, may be empowered to sell and convey by her own deed, or to mortgage by appropriate instrument, any of her real estate freed as to it and its…

(1) A married woman may sue, and be sued, as a single woman. (2) She may defend an action against her and her husband for herself, and for him also if he fail to defend. (3) If a husband desert his wife, she may bring or defend for him any action which he might bring or defend, a…

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…

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, …

(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…

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…

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…

(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…