403.850 Registration of child custody determination.

494 words·~2 min read·/ky/chapter-403/403-850

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

(1)A child custody determination issued by a court of another state may be registered

in this state, with or without a simultaneous request for enforcement, by sending to

a court with jurisdiction in this state:

(a)A letter or other document requesting registration;

(b)Two

(2)copies, including one

(1)certified copy, of the determination sought

to be registered, and a statement under penalty of perjury that to the best of the

knowledge and belief of the person seeking registration the order has not been

modified; and

(c)Except as otherwise provided in KRS 403.838, the name and address of the

person seeking registration and any parent or person acting as a parent who

has been awarded custody or visitation in the child custody determination

sought to be registered.

(2)On receipt of the documents required by subsection

(1)of this section, the

registering court shall:

(a)Cause the determination to be filed as a foreign judgment, together with one

(1)copy of any accompanying documents and information, regardless of their

form; and

(b)Serve notice upon the persons named pursuant to subsection (1)(c) of this

section and provide them with an opportunity to contest the registration in

accordance with this section.

(3)The notice required by subsection (2)(b) of this section shall state that:

(a)A registered determination is enforceable as of the date of the registration in

the same manner as a determination issued by a court of this state;

(b)A hearing to contest the validity of the registered determination shall be

requested within twenty

(20)days after service of notice; and

(c)Failure to contest the registration shall result in confirmation of the child

custody determination and preclude further contest of that determination with

respect to any matter that could have been asserted.

(4)A person seeking to contest the validity of a registered order shall request a hearing

within twenty

(20)days after service of the notice. At that hearing, the court shall

confirm the registered order unless the person contesting registration establishes

that:

(a)The issuing court did not have jurisdiction under Article 2;

(b)The child custody determination sought to be registered has been vacated,

stayed, or modified by a court having jurisdiction to do so under Article 2; or

(c)The person contesting registration was entitled to notice, but notice was not

given in accordance with the standards of KRS 403.812, in the proceedings

before the court that issued the order for which registration is sought.

(5)If a timely request for a hearing to contest the validity of the registration is not

made, the registration is confirmed as a matter of law and the person requesting

registration and all persons served shall be notified of the confirmation.

(6)Confirmation of a registered order, whether by operation of law or after notice and

hearing, precludes further contest of the order with respect to any matter that could

have been asserted at the time of registration.