403.822 Initial child custody jurisdiction.

303 words·~1 min read·/ky/chapter-403/403-822

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

(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 child within six

(6)months

before the commencement of the proceeding and the child is absent from this

state but a parent or person acting as a parent continues to live in this state; or

(b)A court of another state does not have jurisdiction under paragraph

(a)of this

subsection, or a court of the home state of the child has declined to exercise

jurisdiction on the ground that this state is the more appropriate forum under

KRS 403.834 or 403.836; and

1. The child and the child's parents, or the child and at least one

(1)parent

or a person acting as a parent, have a significant connection with this

state other than mere physical presence; and

2. Substantial evidence is available in this state concerning the child's care,

protection, training, and personal relationships; or

(c)All courts having jurisdiction under paragraph

(a)or

(b)of this subsection

have declined to exercise jurisdiction on the ground that a court of this state is

the more appropriate forum to determine the custody of the child under KRS

403.834 or 403.836; or

(d)No court of any other state would have jurisdiction under the criteria specified

in paragraph (a), (b), or

(c)of this subsection.

(2)Subsection

(1)of this section is the exclusive jurisdictional basis for making a child

custody determination by a court of this state.

(3)Physical presence of, or personal jurisdiction over, a party or a child is not

necessary or sufficient to make a child custody determination.