modification of custody decree.
A party seeking a temporary custody order or modification of a custody decree shall
submit together with his moving papers an affidavit setting forth facts supporting the
requested order or modification and shall give notice, together with a copy of his
affidavit, to other parties to the proceeding, who may file opposing affidavits. If a court
determines that a child is in the custody of a de facto custodian, the court shall make the
de facto custodian a party to the proceeding. The court shall deny the motion unless it
finds that adequate cause for hearing the motion is established by the affidavits, in which
case it shall set a date for hearing on an order to show cause why the requested order or
modification should not be granted.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 250, sec. 4, effective July 15, 1998. -- Created
1972 Ky. Acts ch. 182, sec. 25.
Notes of Decisions
Fenwick v. Fenwick (2003)
ky · cites it 4×
“340 and KRS 403.350, 46 are applicable only to modifications of sole custody, and the Court held that a modification of joint custody came within the purview of KRS 403.”
Wilcher v. Wilcher (1978)
kyctapp · cites it 6×
“This motion was overruled because the motion was not supported by an affidavit as required by KRS 403.350. See Robbins v. King, Ky., 519 S.”
Crouch v. Crouch (2006)
ky · cites it 4×
“KRS § 403.350; Petrey v. Cain, 987 S.W.2d 786, 788 (Ky.”
Scheer v. Zeigler (2000)
kyctapp · cites it 12×
“340 nor KRS 403.350 applies." Benassi, 710 S.W.2d at 869 .”
Coffman v. Rankin (2008)
ky · cites it 2×
“Despite Appellee's failure to preserve the issue for review, the Court of Appeals held that the Family Court abused its discretion when it set for hearing Appellant's motion to modify custody, rather than overruling the motion for failure to establish adequate cause for custody…”
Petrey v. Cain (1999)
ky · cites it 3×
“KRS 403.350. The issuance of a writ of prohibition is appropriate only when the inferior court is acting without jurisdiction, or when it is proceeding erroneously within its jurisdiction and irreparable injury will result to the petitioner for which there is no adequate remedy…”
Shafizadeh v. Shafizadeh (2012)
kyctapp · cites it 2×
“2d at 788 (“Having acquired subject matter jurisdiction, the [family] court is then directed by [KRS 403.350] to summarily deny the motion if the affidavit(s) do not show adequate cause for a hearing.”
London v. Collins (2007)
kyctapp · cites it 2×
“340 is applicable, then KRS § 403.350, which requires a motion to modify a custody decree to be supported by affidavits setting forth facts supporting the motion, is also applicable.”
Frances v. Frances (2008)
ky
“KRS 403.350 discusses both temporary custody orders and custody decrees, which further indicates that they are two separate things.”
Squires v. Squires (1993)
ky · cites it 2×
“340 nor KRS 403.350 applies. . . . As a practical matter, joint custody is no award at all when considering modification of the arrangement.”
Crossfield v. Crossfield (2005)
kyctapp · cites it 3×
“KRS 403.350 requires an affidavit to be submitted together with a motion for modification of a custody decree.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.