(1) Except as otherwise provided in KRS 403.828, a court of this state shall have jurisdiction to make an initial child custody determination
(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.