403.325 Visitation denied parent convicted of homicide of other parent -- Exception

144 words·~1 min read·/ky/403-325

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

-- Hearing required.

(1)Notwithstanding the provisions of KRS 403.320, if a parent of a child is convicted

of murder or manslaughter in the first degree of the other parent, a court shall not

grant the convicted parent visitation rights with respect to that child unless the

court, through a hearing, determines that visitation is in the child's best interest.

(2)If the court later modifies a denial of visitation to grant visitation, the court shall do

so only after a hearing which establishes that visitation is in the child's best interest.

(3)In any hearing conducted under subsection

(1)or

(2)of this section:

(a)Jurisdiction shall lie with the Circuit Court of the county where the child

resides; and

(b)The convicted parent, to obtain visitation, shall have to meet the burden of

proving that visitation is in the child's best interest.