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

Ky. Rev. Stat. § 403.832 (2026)

Simultaneous proceedings

✓ current as of May 2026
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(1) Except as otherwise provided in KRS 403.828, a court of this state shall not exercise jurisdiction under Article 2 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with KRS 403.800 to 403.880, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under KRS 403.834.

(2) Except as otherwise provided in KRS 403.828, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to KRS 403.828. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with KRS 403.800 to 403.880, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with KRS 403.800 to 403.880 does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(a) Stay the proceeding for modification pending the entry of an order of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(b) Enjoin the parties from continuing with the proceeding for enforcement; or

(c) Proceed with the modification under conditions it considers appropriate. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 133, sec. 17, effective July 13, 2004.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2015–2024 · leading case: Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015).
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Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “When proceedings have already been commenced in some other state, the Kentucky court, before holding a custody hearing, ' must examine the court documents from the other state and other information supplied by the parties.”
Yiting Wu v. Chun-Hsien Wu (Ky. Ct. App. 2024). · cites it 6× “Mother argues the family court erred in summarily denying the request to stay the proceedings in the early August 2022 order and she argues she raised KRS 403.832 for the first time shortly beforehand.”
Justin Aldava v. Angela Johnson (Ky. 2024). · cites it 2× “KRS 403.832 directs the Kentucky court to make the determination whether a child custody proceeding has been commenced in another state.”
Betty Caitlin Nicole Smith v. Zachary Taylor Daniel (Ky. Ct. App. 2021). “Furthermore, KRS 403.832(2) authorized the family court to contact the Tennessee court to determine which court was the more appropriate forum.”
— Ky. Rev. Stat. § 403.832(1) — 1 case
Yiting Wu v. Chun-Hsien Wu (Ky. Ct. App. 2024). “Mother argues the family court erred in summarily denying the request to stay the proceedings in the early August 2022 order and she argues she raised KRS 403.832 for the first time shortly beforehand.”
— Ky. Rev. Stat. § 403.832(2) — 4 cases
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015). “When proceedings have already been commenced in some other state, the Kentucky court, before holding a custody hearing, ' must examine the court documents from the other state and other information supplied by the parties.”
Betty Caitlin Nicole Smith v. Zachary Taylor Daniel (Ky. Ct. App. 2021). “Furthermore, KRS 403.832(2) authorized the family court to contact the Tennessee court to determine which court was the more appropriate forum.”
Yiting Wu v. Chun-Hsien Wu (Ky. Ct. App. 2024). “Mother argues the family court erred in summarily denying the request to stay the proceedings in the early August 2022 order and she argues she raised KRS 403.832 for the first time shortly beforehand.”
Justin Aldava v. Angela Johnson (Ky. 2024). “KRS 403.832 directs the Kentucky court to make the determination whether a child custody proceeding has been commenced in another state.”
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