Kentucky Statutes 403A.311 – Modifying or terminating grant of custodial responsibility to nonparent
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(1) Except for an order under KRS § 403A.305, except as otherwise provided in subsection (2) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with KRS § 403A.301 to KRS § 403A.311 and it is in the best interest of the child. A modification is temporary and terminates pursuant to KRS § 403A.401 to KRS § 403A.404 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(2) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 23, effective June 29, 2021.
(2) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Terms Used In Kentucky Statutes 403A.311
- Caretaking authority: means the right to live with and care for a child on a day-to- day basis. See Kentucky Statutes 403A.102
- Child: means :
(a) An unemancipated individual who has not attained eighteen (18) years of age. See Kentucky Statutes 403A.102 - Court: means a tribunal authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Kentucky Statutes 403A.102
- Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
(a) A parent of a child under law of this state other than this chapter. See Kentucky Statutes 403A.102 - Deployment: means the movement or mobilization of a service member for more than ninety (90) days but less than eighteen (18) months pursuant to uniformed service orders that:
(a) Are designated as unaccompanied. See Kentucky Statutes 403A.102 - Limited contact: means the authority of a nonparent to visit a child for a limited time. See Kentucky Statutes 403A.102
- Nonparent: means an individual other than a deploying parent or other parent. See Kentucky Statutes 403A.102
- Other parent: means an individual who, in common with a deploying parent, is:
(a) A parent of a child under law of this state other than this chapter. See Kentucky Statutes 403A.102
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 23, effective June 29, 2021.