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

Ky. Rev. Stat. § 403.824 (2026)

Exclusive, continuing jurisdiction

✓ current as of May 2026
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(1) Except as otherwise provided in KRS 403.828, 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 the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(b) A court of this state or a court of another state determines that the child, the child's parents, and any other person acting as a parent do not presently reside in this state.

(2) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under KRS 403.822. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 133, sec. 13, effective July 13, 2004.

Notes of Decisions
Cited in 30 cases (13 in the last 5 years), 2007–2026 · leading case: Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013).
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Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013). · cites it 27× “Consequently, in addition to the fact that Respondent waived objections to jurisdiction pursuant to the above authority, it is this Court’s finding that under KRS 403.824, the Family Court in Campbell County should still exercise exclusive continuing jurisdiction over this…”
Ball v. McGowan, 497 S.W.3d 245 (Ky. Ct. App. 2016). · cites it 9× “822, and (B) either: (1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under KRS 403.824 or that a court of this state would be a more convenient forum under KRS 403.”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018). · cites it 9× “Critically, the Warren Family Court retained continuing, exclusive jurisdiction over the matter pursuant to KRS 403.824, despite Heidi's pending motion challenging the Warren Family Court's subject matter jurisdiction under the UCCJEA.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). · cites it 4× “At that time, the Indiana court had continuing, exclusive jurisdiction under KRS 403.824. Thus, the Oldham Family Court did not have jurisdiction under the UCCJEA until it consulted with the court in Indiana and the requisite statutory findings were made.”
Williams v. Frymire, 377 S.W.3d 579 (Ky. Ct. App. 2012). · cites it 5× “By order entered March 10, 2011, the family court concluded that Kentucky retained exclusive and continuing jurisdiction of the matter pursuant to KRS 403.824 in that David was a resident of Kentucky.”
Bissell v. Baumgardner, 236 S.W.3d 24 (Ky. Ct. App. 2007). “See KRS 403.824; Utah Code Ann. § 78 -45c-202.”
Wallace v. Wallace, 224 S.W.3d 587 (Ky. Ct. App. 2007). “The concept of continuing jurisdiction incorporated into the UCCJEA was adopted by Kentucky and is contained in KRS 403.824 which provides in its entirety: (1) Except as otherwise provides in KRS 403.”
Mauldin v. Bearden, 293 S.W.3d 392 (Ky. 2009). · cites it 2× “The Court of Appeals also concluded that the family court had continuing jurisdiction under KRS 403.824, but did not discuss the fact that the trial court had expressly declined jurisdiction.”
Biggs v. Biggs, 301 S.W.3d 32 (Ky. Ct. App. 2009). “The trial court relied on KRS 403.824(1), which provides that the state making an initial custody determination retains jurisdiction unless: (a) A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a…”
Ellis v. Ellis, 420 S.W.3d 528 (Ky. Ct. App. 2014). · cites it 2× “KRS 403.824. The parties have also stipulated that their son has never resided in Arizona and their daughter has never resided in Kentucky.”
Walsh-Stender v. Walsh, 307 S.W.3d 127 (Ky. Ct. App. 2009). · cites it 2× “KRS 403.824; Wallace v. Wallace, 224 S.W.”
Williams v. Bittel, 299 S.W.3d 284 (Ky. Ct. App. 2009). · cites it 2× “” KRS 403.824 provides: (1) Except as otherwise provided in KRS 403.”
Show all 30 citing cases →
— Ky. Rev. Stat. § 403.824(1) — 9 cases
Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013). “Consequently, in addition to the fact that Respondent waived objections to jurisdiction pursuant to the above authority, it is this Court’s finding that under KRS 403.824, the Family Court in Campbell County should still exercise exclusive continuing jurisdiction over this…”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018). “Critically, the Warren Family Court retained continuing, exclusive jurisdiction over the matter pursuant to KRS 403.824, despite Heidi's pending motion challenging the Warren Family Court's subject matter jurisdiction under the UCCJEA.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “At that time, the Indiana court had continuing, exclusive jurisdiction under KRS 403.824. Thus, the Oldham Family Court did not have jurisdiction under the UCCJEA until it consulted with the court in Indiana and the requisite statutory findings were made.”
Biggs v. Biggs, 301 S.W.3d 32 (Ky. Ct. App. 2009). “The trial court relied on KRS 403.824(1), which provides that the state making an initial custody determination retains jurisdiction unless: (a) A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a…”
Williams v. Frymire, 377 S.W.3d 579 (Ky. Ct. App. 2012). “By order entered March 10, 2011, the family court concluded that Kentucky retained exclusive and continuing jurisdiction of the matter pursuant to KRS 403.824 in that David was a resident of Kentucky.”
— Ky. Rev. Stat. § 403.824(1)(a) — 6 cases
Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013). “Consequently, in addition to the fact that Respondent waived objections to jurisdiction pursuant to the above authority, it is this Court’s finding that under KRS 403.824, the Family Court in Campbell County should still exercise exclusive continuing jurisdiction over this…”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018). “Critically, the Warren Family Court retained continuing, exclusive jurisdiction over the matter pursuant to KRS 403.824, despite Heidi's pending motion challenging the Warren Family Court's subject matter jurisdiction under the UCCJEA.”
Alexandra Lawson v. Jeremy Villarreal (Ky. Ct. App. 2020).
Jamie Alan Day v. Angela Fiorita Day (Ky. Ct. App. 2023).
Alexandra Lawson v. Richard A. Woeste (Ky. 2020).
— Ky. Rev. Stat. § 403.824(1)(b) — 5 cases
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018). “Critically, the Warren Family Court retained continuing, exclusive jurisdiction over the matter pursuant to KRS 403.824, despite Heidi's pending motion challenging the Warren Family Court's subject matter jurisdiction under the UCCJEA.”
Rhonda Lawson v. Mark Kleinman (Ky. Ct. App. 2022).
Jamie Alan Day v. Angela Fiorita Day (Ky. Ct. App. 2023).
Randall Campbell v. Amanda Campbell (Ky. Ct. App. 2021).
Justin Aldava v. Angela Johnson (Ky. 2024).
— Ky. Rev. Stat. § 403.824(2) — 1 case
Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013). “Consequently, in addition to the fact that Respondent waived objections to jurisdiction pursuant to the above authority, it is this Court’s finding that under KRS 403.824, the Family Court in Campbell County should still exercise exclusive continuing jurisdiction over this…”
— Ky. Rev. Stat. § 403.824(l)(a) — 5 cases
Ball v. McGowan, 497 S.W.3d 245 (Ky. Ct. App. 2016). “822, and (B) either: (1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under KRS 403.824 or that a court of this state would be a more convenient forum under KRS 403.”
Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013). “Consequently, in addition to the fact that Respondent waived objections to jurisdiction pursuant to the above authority, it is this Court’s finding that under KRS 403.824, the Family Court in Campbell County should still exercise exclusive continuing jurisdiction over this…”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “At that time, the Indiana court had continuing, exclusive jurisdiction under KRS 403.824. Thus, the Oldham Family Court did not have jurisdiction under the UCCJEA until it consulted with the court in Indiana and the requisite statutory findings were made.”
Curry v. Curry, 430 S.W.3d 909 (Ky. Ct. App. 2014).
Alexandra Lawson v. Richard A. Woeste (Ky. 2020).
— Ky. Rev. Stat. § 403.824(l)(b) — 2 cases
Wahlke v. Corrigan, 392 S.W.3d 426 (Ky. Ct. App. 2013). “Consequently, in addition to the fact that Respondent waived objections to jurisdiction pursuant to the above authority, it is this Court’s finding that under KRS 403.824, the Family Court in Campbell County should still exercise exclusive continuing jurisdiction over this…”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “At that time, the Indiana court had continuing, exclusive jurisdiction under KRS 403.824. Thus, the Oldham Family Court did not have jurisdiction under the UCCJEA until it consulted with the court in Indiana and the requisite statutory findings were made.”
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