Ky. Rev. Stat. » Chapter 403
Kentucky Revised Statutes

Ky. Rev. Stat. § 403.260 (2026)

Repealed, 1980

✓ current as of May 2026
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Catchline at repeal: Custody -- Jurisdiction, commencement of proceedings. History: Repealed 1980 Ky. Acts ch. 69, sec. 25, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 241, sec. 1. -- Created 1972 Ky. Acts ch. 182, sec. 16.

Notes of Decisions
Cited in 19 cases, 1973–2007 · leading case: Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
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Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). · cites it 14× “[87] The phrase was contained in subsection (d)(2) of the UMDA's jurisdictional section [88] (enacted in Kentucky as KRS 403.260 with subsection (d)(2) being enacted as KRS 403.”
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). · cites it 12× “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
Simpson v. Simpson, 586 S.W.2d 33 (Ky. 1979). · cites it 5× “KRS 403.260(4)(b) provides: "A child custody proceeding is commenced in the circuit court: By a person other than a parent, by filing a petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in the physical custody of…”
Freeman v. Freeman, 547 S.W.2d 437 (Ky. 1977). · cites it 5× “Until the adoption in this Commonwealth of the Uniform Marriage and Divorce Act, KRS Chapter 403, with particular reference to KRS 403.260, Custody, we had no firm guidelines for determining jurisdiction in child custody proceedings or for the purpose of recognizing and giving…”
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007). “This Court and the Kentucky Supreme Court affirmed, citing KRS 403.260(4) (repealed in 1980) which limits standing to initiate a custody proceeding to the parents and those who have physical custody of the child.”
B.F. v. T.D., 194 S.W.3d 310 (Ky. 2006). · cites it 3× “KRS 403.260 stated in pertinent part: (4) A child custody proceeding is commenced in the circuit court: (a) By a parent, by filing a petition: 1.”
Moore v. Dawson, 531 S.W.2d 259 (Ky. Ct. App. 1975). · cites it 6× “The limitations upon jurisdiction stated therein, if applicable to proceedings seeking determination of the immediate entitlement to custody of children, would render circuit courts without jurisdiction in many instances to follow the guidelines laid down in Galloway v.”
Shumaker v. Paxton, 613 S.W.2d 130 (Ky. 1981). “KRS 403.260 was repealed during the penden-cy of this action by 1980 ch.”
Bryant v. Bryant, 545 S.W.2d 938 (Ky. 1977). · cites it 3× “Patricia responded to the petition for modification of the custody decree seeking *940 its dismissal on the ground that the trial court lacked jurisdiction to determine custody under the provisions of KRS 403.260. The trial court overruled Patricia’s motion.”
Williams v. Williams, 611 S.W.2d 807 (Ky. Ct. App. 1981). “KRS 403.260(1). The facts clearly support the conclusion, however, that a Kentucky court was a forum non conveniens.”
Hall v. Hall, 585 S.W.2d 384 (Ky. 1979). “210 independently of the stringent restrictions placed upon the exercise of the child custody jurisdiction conferred by KRS 403.260. 5 It is clear to us that the theory of “divisible divorce”, which recognizes that the multiple issues in domestic relations cases have distinct…”
Hawley v. Shaver, 528 S.W.2d 669 (Ky. Ct. App. 1975). · cites it 3× “KRS 403.260 provides: “A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: “(a) This state: “1.”
Show all 19 citing cases →
— Ky. Rev. Stat. § 403.260(1) — 3 cases
Williams v. Williams, 611 S.W.2d 807 (Ky. Ct. App. 1981). “KRS 403.260(1). The facts clearly support the conclusion, however, that a Kentucky court was a forum non conveniens.”
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
Hawley v. Shaver, 528 S.W.2d 669 (Ky. Ct. App. 1975). “KRS 403.260 provides: “A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: “(a) This state: “1.”
— Ky. Rev. Stat. § 403.260(2) — 2 cases
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
Day v. Day, 490 S.W.2d 483 (Ky. Ct. App. 1973).
— Ky. Rev. Stat. § 403.260(3) — 1 case
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
— Ky. Rev. Stat. § 403.260(4) — 2 cases
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007). “This Court and the Kentucky Supreme Court affirmed, citing KRS 403.260(4) (repealed in 1980) which limits standing to initiate a custody proceeding to the parents and those who have physical custody of the child.”
Moore v. Dawson, 531 S.W.2d 259 (Ky. Ct. App. 1975). “The limitations upon jurisdiction stated therein, if applicable to proceedings seeking determination of the immediate entitlement to custody of children, would render circuit courts without jurisdiction in many instances to follow the guidelines laid down in Galloway v.”
— Ky. Rev. Stat. § 403.260(4)(b) — 2 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). “[87] The phrase was contained in subsection (d)(2) of the UMDA's jurisdictional section [88] (enacted in Kentucky as KRS 403.260 with subsection (d)(2) being enacted as KRS 403.”
Simpson v. Simpson, 586 S.W.2d 33 (Ky. 1979). “KRS 403.260(4)(b) provides: "A child custody proceeding is commenced in the circuit court: By a person other than a parent, by filing a petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in the physical custody of…”
— Ky. Rev. Stat. § 403.260(5) — 2 cases
B.F. v. T.D., 194 S.W.3d 310 (Ky. 2006). “KRS 403.260 stated in pertinent part: (4) A child custody proceeding is commenced in the circuit court: (a) By a parent, by filing a petition: 1.”
Bf v. Td, 194 S.W.3d 310 (Ky. 2006).
— Ky. Rev. Stat. § 403.260(l)(a) — 1 case
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
— Ky. Rev. Stat. § 403.260(l)(b) — 2 cases
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
Bruenig v. Silverman, 563 S.W.2d 482 (Ky. Ct. App. 1978).
— Ky. Rev. Stat. § 403.260(l)(c) — 1 case
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
— Ky. Rev. Stat. § 403.260(l)(d) — 1 case
Gaines v. Gaines, 566 S.W.2d 814 (Ky. Ct. App. 1978). “Jurisdiction of a circuit court to enter decrees concerning child custody is governed by KRS 403.260 from which we quote the following pertinent sections: (1)A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by…”
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