(1) A court of this state has temporary emergency jurisdiction if the child is present in
this state and the child has been abandoned or it is necessary in an emergency to
protect the child because the child, or a sibling or parent of the child, is subjected to
or threatened with mistreatment or abuse.
(2) If there is no previous child custody determination that is entitled to be enforced
under KRS 403.800 to 403.880 and a child custody proceeding has not been
commenced in a court of a state having jurisdiction under KRS 403.822, 403.824,
and 403.826, a child custody determination made under this section remains in
effect until an order is obtained from a court of a state having jurisdiction under
KRS 403.822, 403.824, and 403.826. If a child custody proceeding has not been or
is not commenced in a court of a state having jurisdiction under KRS 403.822,
403.824, and 403.826, a child custody determination made under this section
becomes a final determination, if it so provides and this state becomes the home
state of the child.
(3) If there is a previous child custody determination that is entitled to be enforced
under KRS 403.800 to 403.880, or a child custody proceeding has been commenced
in a court of a state having jurisdiction under KRS 403.822, 403.824, and 403.826,
any order issued by a court of this state under this section shall specify in the order a
period that the court considers adequate to allow the person seeking an order to
obtain an order from the state having jurisdiction under KRS 403.822, 403.824, and
403.826. The order issued in this state remains in effect until an order is obtained
from the other state within the period specified or the period expires.
(4) A court of this state which has been asked to make a child custody determination
under this section, upon being informed that a child custody proceeding has been
commenced in, or a child custody determination has been made by, a court of a state
having jurisdiction under KRS 403.822, 403.824, and 403.826, shall immediately
communicate with the other court. A court of this state which is exercising
jurisdiction pursuant to KRS 403.822, 403.824, and 403.826, upon being informed
that a child custody proceeding has been commenced in, or a child custody
determination had been made by, a court of another state under a statute similar to
this section shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and determine a period
for the duration of the temporary order.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 15, effective July 13, 2004.
Notes of Decisions
Mullins v. Picklesimer (2010)
ky · cites it 2×
“822, provides as follows: (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…”
Mauldin v. Bearden (2009)
ky · cites it 3×
“KRS 403.828 is a part of Kentucky’s adoption of the UCCJEA, and applies to children who are not Kentucky residents who have been brought into this state under an emergency basis, and is designed to grant jurisdiction to Kentucky courts where some other state has jurisdiction…”
R.B. v. S.M. (2019)
kyctapp · cites it 8×
“Subsection (4) of KRS 403.828, speaks to this issue: A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by,…”
Bissell v. Baumgardner (2007)
kyctapp
“” *31 KRS 403.828(1). Baumgardner argues that the court properly granted her temporary custody of R.”
Wallace v. Wallace (2007)
kyctapp
“824 which provides in its entirety: (1) Except as otherwise provides in KRS 403.828, a court of this state which has made a child custody determination consistent with KRS 403.”
Hearld v. Hearld (2009)
kyctapp · cites it 4×
“822 provides in its entirety: (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…”
Walsh-Stender v. Walsh (2009)
kyctapp · cites it 2×
“826 clearly provides: Except as otherwise provided in KRS 403.828, 4 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.”
Lambert v. Lambert (2015)
kyctapp
“822, governing initial child custody jurisdiction, instructs: (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…”
Williams v. Frymire (2012)
kyctapp
“824, the General Assembly addressed the concept of continuing jurisdiction in child custody matters: (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.”
Williams v. Bittel (2009)
kyctapp
“824 provides: (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.”
Dellapenta v. Goldy (2018)
kyctapp
“822 states: (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…”
— Ky. Rev. Stat. § 403.828(1) — 8 cases
Bissell v. Baumgardner (2007)
kyctapp
“” *31 KRS 403.828(1). Baumgardner argues that the court properly granted her temporary custody of R.”
Hearld v. Hearld (2009)
kyctapp
“822 provides in its entirety: (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…”
Mauldin v. Bearden (2009)
ky
“KRS 403.828 is a part of Kentucky’s adoption of the UCCJEA, and applies to children who are not Kentucky residents who have been brought into this state under an emergency basis, and is designed to grant jurisdiction to Kentucky courts where some other state has jurisdiction…”
— Ky. Rev. Stat. § 403.828(2) — 2 cases
R.B. v. S.M. (2019)
kyctapp
“Subsection (4) of KRS 403.828, speaks to this issue: A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by,…”
— Ky. Rev. Stat. § 403.828(3) — 1 case
R.B. v. S.M. (2019)
kyctapp
“Subsection (4) of KRS 403.828, speaks to this issue: A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by,…”
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