Ky. Rev. Stat. » Chapter 403

Ky. Rev. Stat. § 403.822

Initial child custody jurisdiction

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(1) Except as otherwise provided in KRS 403.828, a court of this state shall have jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; or (b) A court of another state does not have jurisdiction under paragraph (a) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under KRS 403.834 or 403.836; and 1. The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and 2. Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; or (c) All courts having jurisdiction under paragraph (a) or (b) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under KRS 403.834 or 403.836; or (d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), (b), or (c) of this subsection. (2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 133, sec. 12, effective July 13, 2004.

Notes of Decisions
Cited in 47 cases (23 in the last 5 years), 2007–2026 · leading case: Mullins v. Picklesimer
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Mullins v. Picklesimer (2010) ky · cites it 6× “KRS 403.822, provides as follows: (1) Except as otherwise provided in KRS 403.”
Adams-Smyrichinsky v. Smyrichinsky (2015) ky · cites it 9× “See KRS 403.822. Such jurisdiction exists only in four circumstances, all of which are listed in the alternative.”
Officer v. Blankenship (2018) kyctapp · cites it 8× “Whether a court has jurisdiction to make an initial child custody determination is governed by KRS 403.822. Jurisdiction to make an initial custody determination "exists only in four circumstances, all of which are listed in the alternative.”
Ball v. McGowan (2016) kyctapp · cites it 4× “That statute directs that Kentucky shall not modify a child custody determination made by a court of another state—the decree state—unless, at the time the modification motion is filed: (A) Kentucky would otherwise have jurisdiction to make an initial custody determinar tion…”
Wahlke v. Corrigan (2013) kyctapp · cites it 4× “Under our enactment of the UCCJEA, KRS 403.822 controls a court’s jurisdiction to initially make a custody determination, and KRS 403.”
Wallace v. Wallace (2007) kyctapp · cites it 2× “828, a court of this state which has made a child custody determination consistent with KRS 403.822 or 403.826 has exclusive, continuing jurisdiction over the determination until: (a) A court of this state determines that neither the child, nor the child and one (1) parent, nor…”
Walsh-Stender v. Walsh (2009) kyctapp · cites it 4× “] The trial court’s reliance on KRS 403.822 as justification for its exercise of jurisdiction was misguided.”
Skinner v. Skinner (2008) kyctapp · cites it 5× “420, to which both Skinner and the circuit court have cited, was repealed and supplanted by KRS 403.822, effective July 13, 2004. KRS 403.”
Bissell v. Baumgardner (2007) kyctapp “KRS 403.822(l)(a). But as noted above, the trial court’s oral ruling indicates that its custody award was temporary and subject to later adjudication in the Utah proceeding.”
Ellis v. Ellis (2014) kyctapp · cites it 3× “We conclude that the specific home state provisions of KRS 403.822 and the factors set out in KRS 403.”
Dellapenta v. Goldy (2018) kyctapp · cites it 3× “KRS 403.822 states: (1) Except as otherwise provided in KRS 403.”
Biggs v. Biggs (2009) kyctapp “In this case, neither party disputes that the Henderson Circuit Court properly made the initial custody determination under KRS 403.822. Therefore, the issue before us is whether it properly declined to exercise continuing jurisdiction in modification matters.”
Show all 47 citing cases →
— Ky. Rev. Stat. § 403.822(1) — 1 case
Ellis v. Ellis (2014) kyctapp “We conclude that the specific home state provisions of KRS 403.822 and the factors set out in KRS 403.”
— Ky. Rev. Stat. § 403.822(1)(a) — 6 cases
Officer v. Blankenship (2018) kyctapp “Whether a court has jurisdiction to make an initial child custody determination is governed by KRS 403.822. Jurisdiction to make an initial custody determination "exists only in four circumstances, all of which are listed in the alternative.”
David E. Godfrey v. Janet K. Maddix (2021) kyctapp
Randall Campbell v. Amanda Campbell (2021) kyctapp
Justin Aldava v. Angela Johnson (2024) ky
Jordan Boyd v. Skylar Weisenberger (2022) kyctapp
— Ky. Rev. Stat. § 403.822(1)(b) — 4 cases
Officer v. Blankenship (2018) kyctapp “Whether a court has jurisdiction to make an initial child custody determination is governed by KRS 403.822. Jurisdiction to make an initial custody determination "exists only in four circumstances, all of which are listed in the alternative.”
Connie Towns v. James Judkins (2022) kyctapp
Kyle Link v. Kayla Link (2024) kyctapp
Kyle Link v. Kayla Link (2024) kyctapp
— Ky. Rev. Stat. § 403.822(1)(b)(2) — 1 case
Jordan Boyd v. Skylar Weisenberger (2022) kyctapp
— Ky. Rev. Stat. § 403.822(1)(c) — 1 case
Officer v. Blankenship (2018) kyctapp “Whether a court has jurisdiction to make an initial child custody determination is governed by KRS 403.822. Jurisdiction to make an initial custody determination "exists only in four circumstances, all of which are listed in the alternative.”
— Ky. Rev. Stat. § 403.822(1)(d) — 3 cases
Officer v. Blankenship (2018) kyctapp “Whether a court has jurisdiction to make an initial child custody determination is governed by KRS 403.822. Jurisdiction to make an initial custody determination "exists only in four circumstances, all of which are listed in the alternative.”
Dellapenta v. Goldy (2018) kyctapp “KRS 403.822 states: (1) Except as otherwise provided in KRS 403.”
Ryan James Richardson v. Asia Nicole Richardson (2021) kyctapp
— Ky. Rev. Stat. § 403.822(l)(a) — 4 cases
Adams-Smyrichinsky v. Smyrichinsky (2015) ky “See KRS 403.822. Such jurisdiction exists only in four circumstances, all of which are listed in the alternative.”
Bissell v. Baumgardner (2007) kyctapp “KRS 403.822(l)(a). But as noted above, the trial court’s oral ruling indicates that its custody award was temporary and subject to later adjudication in the Utah proceeding.”
Ball v. McGowan (2016) kyctapp “That statute directs that Kentucky shall not modify a child custody determination made by a court of another state—the decree state—unless, at the time the modification motion is filed: (A) Kentucky would otherwise have jurisdiction to make an initial custody determinar tion…”
Walsh-Stender v. Walsh (2009) kyctapp “] The trial court’s reliance on KRS 403.822 as justification for its exercise of jurisdiction was misguided.”
— Ky. Rev. Stat. § 403.822(l)(b) — 1 case
Adams-Smyrichinsky v. Smyrichinsky (2015) ky “See KRS 403.822. Such jurisdiction exists only in four circumstances, all of which are listed in the alternative.”
— Ky. Rev. Stat. § 403.822(l)(c) — 1 case
Adams-Smyrichinsky v. Smyrichinsky (2015) ky “See KRS 403.822. Such jurisdiction exists only in four circumstances, all of which are listed in the alternative.”
— Ky. Rev. Stat. § 403.822(l)(d) — 1 case
Adams-Smyrichinsky v. Smyrichinsky (2015) ky “See KRS 403.822. Such jurisdiction exists only in four circumstances, all of which are listed in the alternative.”
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