403.800 Definitions for KRS 403.800 to 403.880.
557 words·~3 min read·
/ky/chapter-403/403-800A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 403.800 to 403.880:
(1)"Abandoned" means left without provision for reasonable and necessary care or
supervision;
(2)"Child" means an individual who has not attained eighteen
(18)years of age;
(3)"Child custody determination" means a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or visitation with respect to a
child. The term includes permanent, temporary, initial, and modification orders. The
term does not include an order relating to child support or other monetary obligation
of an individual;
(4)"Child custody proceeding" means a proceeding in which legal custody, physical
custody, or visitation with respect to a child is an issue. The term includes a
proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in
which the issue may appear. The term does not include a proceeding involving
juvenile delinquency, contractual emancipation, or enforcement under Article 3;
(5)"Commencement" means the filing of the first pleading in a proceeding;
(6)"Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination;
(7)"Home state" means the state in which a child lived with a parent or a person acting
as a parent for at least six
(6)consecutive months immediately before the
commencement of a child custody proceeding. In the case of a child less than six
months of age, the term means the state in which the child lived from birth with any
of the persons mentioned. A period of temporary absence of any of the mentioned
persons is part of the period;
(8)"Initial determination" means the first child custody determination concerning a
particular child;
(9)"Issuing court" means the court that makes a child custody determination for which
enforcement is sought under KRS 403.800 to 403.880;
(10)"Issuing state" means the state in which a child custody determination is made;
(11)"Modification" means a child custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the
same child, whether or not it is made by the court that made the previous
determination;
(12)"Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government; governmental
subdivision, agency, or instrumentality; public corporation; or any other legal or
commercial entity;
(13)"Person acting as a parent" means a person, other than a parent, who:
(a)Has physical custody of the child or has had physical custody for a period of
six
(6)consecutive months, including any temporary absence, within one
year immediately before the commencement of a child custody proceeding;
and
(b)Has been awarded legal custody by a court or claims a right to legal custody
under the law of this state;
(14)"Physical custody" means the physical care and supervision of a child;
(15)"State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States;
(16)"Tribe" means an Indian tribe or band, or Alaskan Native village, which is
recognized by federal law or formally acknowledged by a state; and
(17)"Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.