403.832 Simultaneous proceedings.
302 words·~1 min read·
/ky/chapter-403/403-832A 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 not
exercise jurisdiction under Article 2 if, at the time of the commencement of the
proceeding, a proceeding concerning the custody of the child has been commenced
in a court of another state having jurisdiction substantially in conformity with KRS
403.800 to 403.880, unless the proceeding has been terminated or is stayed by the
court of the other state because a court of this state is a more convenient forum
under KRS 403.834.
(2)Except as otherwise provided in KRS 403.828, a court of this state, before hearing a
child custody proceeding, shall examine the court documents and other information
supplied by the parties pursuant to KRS 403.828. If the court determines that a child
custody proceeding has been commenced in a court in another state having
jurisdiction substantially in accordance with KRS 403.800 to 403.880, the court of
this state shall stay its proceeding and communicate with the court of the other state.
If the court of the state having jurisdiction substantially in accordance with KRS
403.800 to 403.880 does not determine that the court of this state is a more
appropriate forum, the court of this state shall dismiss the proceeding.
(3)In a proceeding to modify a child custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced
in another state. If a proceeding to enforce a child custody determination has been
commenced in another state, the court may:
(a)Stay the proceeding for modification pending the entry of an order of the other
state enforcing, staying, denying, or dismissing the proceeding for
enforcement;
(b)Enjoin the parties from continuing with the proceeding for enforcement; or
(c)Proceed with the modification under conditions it considers appropriate.