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

Ky. Rev. Stat. § 403.420 (2026)

Repealed, 2004

✓ current as of May 2026
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Catchline at repeal: Prerequisites to jurisdiction -- Commencement of proceeding. History: Repealed 2004 Ky. Acts ch. 133, sec. 46, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 250, sec. 5, effective July 15, 1998. -- Created 1980 Ky. Acts ch. 69, sec. 3, effective July 15, 1980.

Notes of Decisions
Cited in 31 cases, 1981–2011 · 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 17× “260, which was enacted originally as part of the UMDA, is now contained in subsection (4)(b) of KRS 403.420, which was enacted as part of the UCCJA.”
Harrison v. Leach, 323 S.W.3d 702 (Ky. 2010). · cites it 16× “" [2] Although KRS 403.420 was already repealed at the time, [3] the DRC, nevertheless, stated that "[t]he right of a non-parent to initiate a custody action in Kentucky is set forth in KRS 403.”
Fitch v. Burns, 782 S.W.2d 618 (Ky. 1989). · cites it 12× “By a pleading designating a "Special Appearance" the father moved to "Dismiss for Improper Venue," challenging the grandparents' right to proceed in Rowan County under KRS 403.420(4), which states in pertinent part that a child custody proceeding may be commenced: "(b) by a…”
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). · cites it 16× “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). · cites it 15× “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
Rye v. Weasel, 934 S.W.2d 257 (Ky. 1996). · cites it 4× “The circuit court considered Rye's request for custody as a petition for custody pursuant to KRS 403.420, the Uniform Child Custody Act.”
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010). · cites it 2× “[2] Although this opinion was rendered in 2006, the Court makes clear that it applied KRS 403.420 because the suit was filed in 2003 before KRS 403.”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). · cites it 6× “KRS 403.420, since repealed, was entitled, "Prerequisites to jurisdiction; commencement of proceeding.”
Dillard v. Dillar, 859 S.W.2d 134 (Ky. Ct. App. 1993). · cites it 5× “If so, there would be no purpose for enacting KRS 403.420(1)(b). Accordingly, the judgment of the Allen Circuit Court is affirmed.”
Karahalios v. Karahalios, 848 S.W.2d 457 (Ky. Ct. App. 1993). · cites it 3× “KRS 403.420(4) gives the circuit court jurisdiction over child custody proceedings.”
Escudero v. Henry, 395 S.E.2d 793 (W. Va. 1990). · cites it 4× “520 [1980] provides: The courts of this state shall recognize and enforce an initial or modification decree of a court of another state which had assumed jurisdiction under statutory provisions substantially in accordance with KRS 403.420 to 403.620 or which was made under…”
Skinner v. Skinner, 249 S.W.3d 196 (Ky. Ct. App. 2008). · cites it 4× “Skinner maintains that KRS 403.420 is controlling. According to him, this statute allows for jurisdiction to be determined based either upon whether Kentucky is the child’s home state, or whether another state has continued to maintain jurisdiction in the matter.”
Show all 31 citing cases →
— Ky. Rev. Stat. § 403.420(1) — 6 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). “260, which was enacted originally as part of the UMDA, is now contained in subsection (4)(b) of KRS 403.420, which was enacted as part of the UCCJA.”
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
Wood v. Graham, 633 S.W.2d 404 (Ky. 1982).
Skinner v. Skinner, 249 S.W.3d 196 (Ky. Ct. App. 2008). “Skinner maintains that KRS 403.420 is controlling. According to him, this statute allows for jurisdiction to be determined based either upon whether Kentucky is the child’s home state, or whether another state has continued to maintain jurisdiction in the matter.”
— Ky. Rev. Stat. § 403.420(1)(a) — 1 case
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). “260, which was enacted originally as part of the UMDA, is now contained in subsection (4)(b) of KRS 403.420, which was enacted as part of the UCCJA.”
— Ky. Rev. Stat. § 403.420(1)(b) — 2 cases
Cann v. Howard, 850 S.W.2d 57 (Ky. Ct. App. 1993).
Dillard v. Dillar, 859 S.W.2d 134 (Ky. Ct. App. 1993). “If so, there would be no purpose for enacting KRS 403.420(1)(b). Accordingly, the judgment of the Allen Circuit Court is affirmed.”
— Ky. Rev. Stat. § 403.420(1)(d) — 2 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). “260, which was enacted originally as part of the UMDA, is now contained in subsection (4)(b) of KRS 403.420, which was enacted as part of the UCCJA.”
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
— Ky. Rev. Stat. § 403.420(3) — 2 cases
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
— Ky. Rev. Stat. § 403.420(4) — 3 cases
Fitch v. Burns, 782 S.W.2d 618 (Ky. 1989). “By a pleading designating a "Special Appearance" the father moved to "Dismiss for Improper Venue," challenging the grandparents' right to proceed in Rowan County under KRS 403.420(4), which states in pertinent part that a child custody proceeding may be commenced: "(b) by a…”
Karahalios v. Karahalios, 848 S.W.2d 457 (Ky. Ct. App. 1993). “KRS 403.420(4) gives the circuit court jurisdiction over child custody proceedings.”
French v. Barnett, 43 S.W.3d 289 (Ky. Ct. App. 2001).
— Ky. Rev. Stat. § 403.420(4)(a) — 5 cases
Fitch v. Burns, 782 S.W.2d 618 (Ky. 1989). “By a pleading designating a "Special Appearance" the father moved to "Dismiss for Improper Venue," challenging the grandparents' right to proceed in Rowan County under KRS 403.420(4), which states in pertinent part that a child custody proceeding may be commenced: "(b) by a…”
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “KRS 403.420, since repealed, was entitled, "Prerequisites to jurisdiction; commencement of proceeding.”
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008).
Ash v. Thompkins, 914 S.W.2d 788 (Ky. Ct. App. 1996).
— Ky. Rev. Stat. § 403.420(4)(b) — 8 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). “260, which was enacted originally as part of the UMDA, is now contained in subsection (4)(b) of KRS 403.420, which was enacted as part of the UCCJA.”
Harrison v. Leach, 323 S.W.3d 702 (Ky. 2010). “" [2] Although KRS 403.420 was already repealed at the time, [3] the DRC, nevertheless, stated that "[t]he right of a non-parent to initiate a custody action in Kentucky is set forth in KRS 403.”
Fitch v. Burns, 782 S.W.2d 618 (Ky. 1989). “By a pleading designating a "Special Appearance" the father moved to "Dismiss for Improper Venue," challenging the grandparents' right to proceed in Rowan County under KRS 403.420(4), which states in pertinent part that a child custody proceeding may be commenced: "(b) by a…”
Davis v. Collinsworth, 771 S.W.2d 329 (Ky. 1989).
Allen v. Devine, 178 S.W.3d 517 (Ky. Ct. App. 2005).
— Ky. Rev. Stat. § 403.420(4)(c) — 2 cases
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “KRS 403.420, since repealed, was entitled, "Prerequisites to jurisdiction; commencement of proceeding.”
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 403.420(b) — 2 cases
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
— Ky. Rev. Stat. § 403.420(l)(a) — 6 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003). “260, which was enacted originally as part of the UMDA, is now contained in subsection (4)(b) of KRS 403.420, which was enacted as part of the UCCJA.”
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
Karahalios v. Karahalios, 848 S.W.2d 457 (Ky. Ct. App. 1993). “KRS 403.420(4) gives the circuit court jurisdiction over child custody proceedings.”
Cann v. Howard, 850 S.W.2d 57 (Ky. Ct. App. 1993).
— Ky. Rev. Stat. § 403.420(l)(b) — 3 cases
Dillard v. Dillar, 859 S.W.2d 134 (Ky. Ct. App. 1993). “If so, there would be no purpose for enacting KRS 403.420(1)(b). Accordingly, the judgment of the Allen Circuit Court is affirmed.”
Wieczorek v. Sebastian, 751 S.W.2d 38 (Ky. Ct. App. 1988).
Rockwell v. Henning, 731 S.W.2d 11 (Ky. Ct. App. 1987).
— Ky. Rev. Stat. § 403.420(l)(c) — 1 case
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
— Ky. Rev. Stat. § 403.420(l)(d) — 2 cases
Goff v. Goff, 172 S.W.3d 352 (Ky. 2005). “§ 1738A(c)(2)(d) of the PKPA and subsection (d) of KRS 403.420(1) of the UCCJA because no other state asserted jurisdiction or had declined jurisdiction.”
Gullett v. Gullett, 992 S.W.2d 866 (Ky. Ct. App. 1999). “if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity [with the Ohio equivalent of KRS 403.420 to KRS 403.620], unless the proceeding is stayed by the…”
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