403.838 Information to be submitted to court.

423 words·~2 min read·/ky/chapter-403/403-838

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

(1)In a child custody proceeding, each party, in its first pleading or in an attached

affidavit, shall give information, if reasonably ascertainable, under oath as to the

child's present address or whereabouts, the places where the child has lived during

the last five

(5)years, and the names and present addresses of the persons with

whom the child has lived during that period. The pleading or affidavit shall state

whether the party:

(a)Has participated, as a party or witness or in any other capacity, in any other

proceeding concerning the custody of or visitation with the child and, if so,

identify the court, the case number, and the date of the child custody

determination, if any;

(b)Knows of any proceeding that could affect the current proceeding, including

proceedings for enforcement and proceedings relating to domestic violence,

protective orders, termination of parental rights, and adoptions and, if so,

identify the court, the case number, and the nature of the proceeding; and

(c)Knows the names and addresses of any person not a party to the proceeding

who has physical custody of the child or claims rights of legal custody or

physical custody of, or visitation with, the child and, if so, the names and

addresses of those persons.

(2)If the information required by subsection

(1)of this section is not furnished, the

court, upon motion of a party or its own motion, may stay the proceeding until the

information is furnished.

(3)If the declaration as to any of the items described in subsection

(1)of this section is

in the affirmative, the declarant shall give additional information under oath as

required by the court. The court may examine the parties under oath as to the details

of the information furnished and other matters pertinent to the court's jurisdiction

and the disposition of the case.

(4)Each party has a continuing duty to inform the court of any proceeding in this or any

other state that could affect the current proceeding.

(5)If a party alleges in an affidavit or a pleading under oath that the health, safety, or

liberty of a party or child would be jeopardized by disclosure of identifying

information, the information shall be sealed and shall not be disclosed to the other

party or the public unless the court orders the disclosure to be made after a hearing

in which the court takes into consideration the health, safety, or liberty of the party

or child and determines that the disclosure is in the interest of justice.