As used in KRS 403.800 to 403.880:
(1) "Abandoned" means left without provision for reasonable and necessary care or
supervision;
(2) "Child" means an individual who has not attained eighteen (18) years of age;
(3) "Child custody determination" means a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or visitation with respect to a
child. The term includes permanent, temporary, initial, and modification orders. The
term does not include an order relating to child support or other monetary obligation
of an individual;
(4) "Child custody proceeding" means a proceeding in which legal custody, physical
custody, or visitation with respect to a child is an issue. The term includes a
proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in
which the issue may appear. The term does not include a proceeding involving
juvenile delinquency, contractual emancipation, or enforcement under Article 3;
(5) "Commencement" means the filing of the first pleading in a proceeding;
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination;
(7) "Home state" means the state in which a child lived with a parent or a person acting
as a parent for at least six (6) consecutive months immediately before the
commencement of a child custody proceeding. In the case of a child less than six (6)
months of age, the term means the state in which the child lived from birth with any
of the persons mentioned. A period of temporary absence of any of the mentioned
persons is part of the period;
(8) "Initial determination" means the first child custody determination concerning a
particular child;
(9) "Issuing court" means the court that makes a child custody determination for which
enforcement is sought under KRS 403.800 to 403.880;
(10) "Issuing state" means the state in which a child custody determination is made;
(11) "Modification" means a child custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the
same child, whether or not it is made by the court that made the previous
determination;
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government; governmental
subdivision, agency, or instrumentality; public corporation; or any other legal or
commercial entity;
(13) "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of
six (6) consecutive months, including any temporary absence, within one (1)
year immediately before the commencement of a child custody proceeding;
and
(b) Has been awarded legal custody by a court or claims a right to legal custody
under the law of this state;
(14) "Physical custody" means the physical care and supervision of a child;
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States;
(16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is
recognized by federal law or formally acknowledged by a state; and
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 1, effective July 13, 2004.
Notes of Decisions
Cited in
47
cases (
22 in the last 5 years), 2007–2026 · leading case:
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
· cites it 15× “, the Uniform Child Custody Jurisdiction Act, was repealed in 2004 and replaced by KRS 403.800 et seq., the Uniform Child Custody Jurisdiction and Enforcement Act.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015).
· cites it 4× “The UCCJEA has been adopted in 49 states, and Kentucky’s version is found at KRS 403.800 to .880. 1 The UCCJEA is primarily concerned with child custody determinations.”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018).
· cites it 4× “It outlines when a court can exercise jurisdiction to make initial custody determinations, as well as the factors necessary for a court to retain jurisdiction over such matters.”
Bissell v. Baumgardner, 236 S.W.3d 24 (Ky. Ct. App. 2007).
· cites it 2× “The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Kentucky at KRS 403.800 to 403.880, governs jurisdiction in determinations involving custody of a child.”
In re K.L.B., 431 P.3d 883 (Kan. Ct. App. 2018).
“While Mother alleged at one point that CPS was trying to take custody of K.L.B. and A.”
Wallace v. Wallace, 224 S.W.3d 587 (Ky. Ct. App. 2007).
· cites it 2× “” The parties submitted briefs to the family court addressing the issues of subject matter jurisdiction under the (UCCJA), KRS 403.800 et. seq., and whether Hardin County is the proper venue.”
Lambert v. Lambert, 475 S.W.3d 646 (Ky. Ct. App. 2015).
· cites it 4× “” With respect to standing to bring an action for initial custody of a child, Janessa’s claim that Donald is not a de facto custodian is irrelevant.”
Coffey v. Wethington, 421 S.W.3d 394 (Ky. 2014).
· cites it 9× “The Court of Appeals vacated the trial court’s judgment with instructions to dismiss Appellants’ custody petition on the grounds they lacked standing according to KRS 403.800 et seq. Appellants thus petitioned this Court for discretionary review on the issue of standing, which…”
Danaher v. Hopkins, 449 S.W.3d 765 (Ky. Ct. App. 2014).
· cites it 9× “The Warren Circuit Court concluded that based upon the evidence presented at the hearing and the court’s assessment of the credibility of both parties, North Carolina did not exercise jurisdiction in substantial conformity with the Uniform Child Custody Jurisdiction and…”
Biggs v. Biggs, 301 S.W.3d 32 (Ky. Ct. App. 2009).
“KRS 403.800(7). In this case, neither party disputes that the Henderson Circuit Court properly made the initial custody determination under KRS 403.”
Lydia Addison v. Kevin Addison, 463 S.W.3d 755 (Ky. 2015).
“834 provides in pertinent part: (1) A court of this state which has jurisdiction under KRS 403.800 to 403.880 to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and…”
Williams v. Frymire, 377 S.W.3d 579 (Ky. Ct. App. 2012).
· cites it 2× “834, which provides that a court may decline to exercise its jurisdiction if it is an inconvenient forum: (1) A court of this state which has jurisdiction under KRS 403.800 to 403.880 to make a child custody determination may decline to exercise its jurisdiction at any time if…”
— Ky. Rev. Stat. § 403.800(11) — 1 case
— Ky. Rev. Stat. § 403.800(13) — 11 cases
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
“, the Uniform Child Custody Jurisdiction Act, was repealed in 2004 and replaced by KRS 403.800 et seq., the Uniform Child Custody Jurisdiction and Enforcement Act.”
Lambert v. Lambert, 475 S.W.3d 646 (Ky. Ct. App. 2015).
“” With respect to standing to bring an action for initial custody of a child, Janessa’s claim that Donald is not a de facto custodian is irrelevant.”
Coffey v. Wethington, 421 S.W.3d 394 (Ky. 2014).
“The Court of Appeals vacated the trial court’s judgment with instructions to dismiss Appellants’ custody petition on the grounds they lacked standing according to KRS 403.800 et seq. Appellants thus petitioned this Court for discretionary review on the issue of standing, which…”
— Ky. Rev. Stat. § 403.800(13)(a) — 2 cases
Coffey v. Wethington, 421 S.W.3d 394 (Ky. 2014).
“The Court of Appeals vacated the trial court’s judgment with instructions to dismiss Appellants’ custody petition on the grounds they lacked standing according to KRS 403.800 et seq. Appellants thus petitioned this Court for discretionary review on the issue of standing, which…”
— Ky. Rev. Stat. § 403.800(13)(b) — 1 case
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
“, the Uniform Child Custody Jurisdiction Act, was repealed in 2004 and replaced by KRS 403.800 et seq., the Uniform Child Custody Jurisdiction and Enforcement Act.”
— Ky. Rev. Stat. § 403.800(14) — 4 cases
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
“, the Uniform Child Custody Jurisdiction Act, was repealed in 2004 and replaced by KRS 403.800 et seq., the Uniform Child Custody Jurisdiction and Enforcement Act.”
— Ky. Rev. Stat. § 403.800(3) — 4 cases
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015).
“The UCCJEA has been adopted in 49 states, and Kentucky’s version is found at KRS 403.800 to .880. 1 The UCCJEA is primarily concerned with child custody determinations.”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018).
“It outlines when a court can exercise jurisdiction to make initial custody determinations, as well as the factors necessary for a court to retain jurisdiction over such matters.”
— Ky. Rev. Stat. § 403.800(4) — 5 cases
— Ky. Rev. Stat. § 403.800(7) — 14 cases
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018).
“It outlines when a court can exercise jurisdiction to make initial custody determinations, as well as the factors necessary for a court to retain jurisdiction over such matters.”
Bissell v. Baumgardner, 236 S.W.3d 24 (Ky. Ct. App. 2007).
“The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Kentucky at KRS 403.800 to 403.880, governs jurisdiction in determinations involving custody of a child.”
Wallace v. Wallace, 224 S.W.3d 587 (Ky. Ct. App. 2007).
“” The parties submitted briefs to the family court addressing the issues of subject matter jurisdiction under the (UCCJA), KRS 403.800 et. seq., and whether Hardin County is the proper venue.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015).
“The UCCJEA has been adopted in 49 states, and Kentucky’s version is found at KRS 403.800 to .880. 1 The UCCJEA is primarily concerned with child custody determinations.”
Biggs v. Biggs, 301 S.W.3d 32 (Ky. Ct. App. 2009).
“KRS 403.800(7). In this case, neither party disputes that the Henderson Circuit Court properly made the initial custody determination under KRS 403.”
— Ky. Rev. Stat. § 403.800(8) — 1 case
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