Kentucky Statutes 403A.306 – Grant of caretaking or decision-making authority to nonparent
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(1) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.
(2) Unless a grant of caretaking authority to a nonparent under subsection (1) of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(a) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(b) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(3) A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 18, effective June 29, 2021.
(2) Unless a grant of caretaking authority to a nonparent under subsection (1) of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than:
Terms Used In Kentucky Statutes 403A.306
- Adult: means an individual who has attained eighteen (18) years of age or an emancipated minor. See Kentucky Statutes 403A.102
- 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 - Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter. 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 - State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 403A.102
(a) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(b) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(3) A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 94, sec. 18, effective June 29, 2021.