387.834 Jurisdiction declined by reason of conduct.
278 words·~1 min read·
/ky/chapter-387/387-834A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If at any time a court of this state determines that it acquired jurisdiction to appoint
a guardian or issue a protective order because of unjustifiable conduct, the court
may:
(a)Decline to exercise jurisdiction;
(b)Exercise jurisdiction for the limited purpose of fashioning an appropriate
remedy to ensure the health, safety, and welfare of the respondent or the
protection of the respondent's property or prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a petition for the
appointment of a guardian or issuance of a protective order is filed in a court
of another state having jurisdiction; or
(c)Continue to exercise jurisdiction after considering:
1. The extent to which the respondent and all persons required to be
notified of the proceedings have acquiesced in the exercise of the court's
jurisdiction;
2. Whether it is a more appropriate forum than the court of any other state
under the factors set forth in KRS 387.832(3); and
3. Whether the court of any other state would have jurisdiction under
factual circumstances in substantial conformity with the jurisdictional
standards of KRS 387.826.
(2)If a court of this state determines that it acquired jurisdiction to appoint a guardian
or issue a protective order because a party seeking to invoke its jurisdiction engaged
in unjustifiable conduct, it may assess against that party necessary and reasonable
expenses, including attorney's fees, investigative fees, court costs, communication
expenses, witness fees and expenses, and travel expenses. The court shall not assess
fees, costs, or expenses of any kind against this state or a governmental subdivision,
agency, or instrumentality of this state unless authorized by law other than KRS
387.810 to 387.854.