KRS 403.325: Visitation denied parent convicted of homicide of other parent -- Exception

-- Hearing required.

(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 visit ation, 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 w here 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.