Kentucky Statutes 403.325 – Visitation denied parent convicted of homicide of other parent — Exception — Hearing required
Current as of: 2024 | Check for updates
|
Other versions
(1) Notwithstanding the provisions of KRS § 403.320, if a parent of a child is convicted of murder or manslaughter in the first degree of the other parent, a court shall not grant the convicted parent visitation rights with respect to that child unless the court, through a hearing, determines that visitation is in the child’s best interest.
(2) If the court later modifies a denial of visitation to grant visitation, the court shall do so only after a hearing which establishes that visitation is in the child’s best interest.
(3) In any hearing conducted under subsection (1) or (2) of this section:
(a) Jurisdiction shall lie with the Circuit Court of the county where the child resides; and
(b) The convicted parent, to obtain visitation, shall have to meet the burden of proving that visitation is in the child’s best interest.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 58, sec. 1, effective July 14, 2000.
(2) If the court later modifies a denial of visitation to grant visitation, the court shall do so only after a hearing which establishes that visitation is in the child’s best interest.
Terms Used In Kentucky Statutes 403.325
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) In any hearing conducted under subsection (1) or (2) of this section:
(a) Jurisdiction shall lie with the Circuit Court of the county where the child resides; and
(b) The convicted parent, to obtain visitation, shall have to meet the burden of proving that visitation is in the child’s best interest.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 58, sec. 1, effective July 14, 2000.