403.828 Temporary emergency jurisdiction.

436 words·~2 min read·/ky/chapter-403/403-828

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

(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 mistreatment or abuse.

(2)If there is no previous child custody determination that is entitled to be enforced

under KRS 403.800 to 403.880 and a child custody proceeding has not been

commenced in a court of a state having jurisdiction under KRS 403.822, 403.824,

and 403.826, a child custody determination made under this section remains in

effect until an order is obtained from a court of a state having jurisdiction under

KRS 403.822, 403.824, and 403.826. If a child custody proceeding has not been or

is not commenced in a court of a state having jurisdiction under KRS 403.822,

403.824, and 403.826, a child custody determination made under this section

becomes a final determination, if it so provides and this state becomes the home

state of the child.

(3)If there is a previous child custody determination that is entitled to be enforced

under KRS 403.800 to 403.880, or a child custody proceeding has been commenced

in a court of a state having jurisdiction under KRS 403.822, 403.824, and 403.826,

any order issued by a court of this state under this section shall specify in the order a

period that the court considers adequate to allow the person seeking an order to

obtain an order from the state having jurisdiction under KRS 403.822, 403.824, and

403.826. The order issued in this state remains in effect until an order is obtained

from the other state within the period specified or the period expires.

(4)A court of this state which has been asked to make a child custody determination

under this section, upon being informed that a child custody proceeding has been

commenced in, or a child custody determination has been made by, a court of a state

having jurisdiction under KRS 403.822, 403.824, and 403.826, shall immediately

communicate with the other court. A court of this state which is exercising

jurisdiction pursuant to KRS 403.822, 403.824, and 403.826, upon being informed

that a child custody proceeding has been commenced in, or a child custody

determination had been made by, a court of another state under a statute similar to

this section shall immediately communicate with the court of that state to resolve

the emergency, protect the safety of the parties and the child, and determine a period

for the duration of the temporary order.