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

Ky. Rev. Stat. § 403.826 (2026)

Jurisdiction to modify determination

✓ current as of May 2026
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Except as otherwise provided in KRS 403.828, a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under KRS 403.822(1)(a) or (b) and: (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 403.834; or (2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 133, sec. 14, effective July 13, 2004.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2008–2026 · leading case: Ball v. McGowan, 497 S.W.3d 245 (Ky. Ct. App. 2016).
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Ball v. McGowan, 497 S.W.3d 245 (Ky. Ct. App. 2016). · cites it 9× “He contends the circuit court misinterpreted KRS 403.826 and erred in its belief that, so long as one parent remained in Nevada, without regard to the substantial contact of the child, that the circuit court lacked jurisdiction.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). · cites it 3× “Jurisdiction to modify another state’s custody order is provided by KRS 403.826. That jurisdiction exists only if the Kentucky court would otherwise have jurisdiction to make an initial determination under KRS 403.”
Walsh-Stender v. Walsh, 307 S.W.3d 127 (Ky. Ct. App. 2009). · cites it 3× “In his verified petition for custody modification, Charles claimed that Kentucky had jurisdiction to modify the previous Tennessee custody determination under KRS 403.826 and KRS 403.822(l)(a). In March 2008, the Fayette Family Court issued an amended order regarding the home…”
Skinner v. Skinner, 249 S.W.3d 196 (Ky. Ct. App. 2008). · cites it 3× “” Pursuant to KRS 403.826, a Kentucky court shall not modify a custody determination made by the court of another state unless Kentucky has jurisdiction to make the initial determination under KRS 403.”
Ellis v. Ellis, 420 S.W.3d 528 (Ky. Ct. App. 2014). · cites it 2× “Rather, Donald has asked a Kentucky court to modify the provisions of the Indiana decree under the provisions of KRS 403.826. Indiana has declined to exercise its exclusive continuing jurisdiction.”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018). “Even though both parties had consented to the Fayette Family Court's jurisdiction, this Court vacated the order on the basis that it was void because the Fayette Family Court never acquired subject matter jurisdiction: The record does not contain an order or other document by…”
Mauldin v. Bearden, 293 S.W.3d 392 (Ky. 2009). “(KRS 403.826 sets forth these provisions when Kentucky is seeking to assume such jurisdiction.”
R.B. v. S.M., 570 S.W.3d 9 (Ky. Ct. App. 2019). · cites it 2× “Specifically, he now argues the circuit court lacked jurisdiction to modify the Knox Circuit Court's temporary order of custody under KRS 403.826, and asserts only Tennessee has that authority.”
Randall Campbell v. Amanda Campbell (Ky. Ct. App. 2021). · cites it 6× “-8- KRS 403.826. Under KRS 403.822(1)(a), a court of this state has jurisdiction to make an initial custody determination if “[t]his state is the home state of the child on the date of the commencement of the proceeding[.”
David E. Godfrey v. Janet K. Maddix (Ky. Ct. App. 2021). · cites it 5× “2 KRS 403.826 addresses jurisdiction to modify out-of-state custody determinations and reads as follows: Except as otherwise provided in KRS 403.”
Justin Aldava v. Angela Johnson (Ky. 2024). “KRS 403.826; TEX. FAM. CODE ANN. § 152.203.”
Walls-Bey v. Austin (Ariz. Ct. App. 2026). “§ 25-1033; accord Ky. Rev. Stat. Ann. § 403.826 (West 2025).”
— Ky. Rev. Stat. § 403.826(1) — 4 cases
Ball v. McGowan, 497 S.W.3d 245 (Ky. Ct. App. 2016). “He contends the circuit court misinterpreted KRS 403.826 and erred in its belief that, so long as one parent remained in Nevada, without regard to the substantial contact of the child, that the circuit court lacked jurisdiction.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “Jurisdiction to modify another state’s custody order is provided by KRS 403.826. That jurisdiction exists only if the Kentucky court would otherwise have jurisdiction to make an initial determination under KRS 403.”
Randall Campbell v. Amanda Campbell (Ky. Ct. App. 2021). “-8- KRS 403.826. Under KRS 403.822(1)(a), a court of this state has jurisdiction to make an initial custody determination if “[t]his state is the home state of the child on the date of the commencement of the proceeding[.”
David E. Godfrey v. Janet K. Maddix (Ky. Ct. App. 2021). “2 KRS 403.826 addresses jurisdiction to modify out-of-state custody determinations and reads as follows: Except as otherwise provided in KRS 403.”
— Ky. Rev. Stat. § 403.826(2) — 4 cases
Ball v. McGowan, 497 S.W.3d 245 (Ky. Ct. App. 2016). “He contends the circuit court misinterpreted KRS 403.826 and erred in its belief that, so long as one parent remained in Nevada, without regard to the substantial contact of the child, that the circuit court lacked jurisdiction.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “Jurisdiction to modify another state’s custody order is provided by KRS 403.826. That jurisdiction exists only if the Kentucky court would otherwise have jurisdiction to make an initial determination under KRS 403.”
Randall Campbell v. Amanda Campbell (Ky. Ct. App. 2021). “-8- KRS 403.826. Under KRS 403.822(1)(a), a court of this state has jurisdiction to make an initial custody determination if “[t]his state is the home state of the child on the date of the commencement of the proceeding[.”
David E. Godfrey v. Janet K. Maddix (Ky. Ct. App. 2021). “2 KRS 403.826 addresses jurisdiction to modify out-of-state custody determinations and reads as follows: Except as otherwise provided in KRS 403.”
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