KRS 403.350: Affidavit required with motion for temporary custody order or for

modification of custody decree.

A party seeking a temporary custody order or modification of a custody decree shall

submit together with his moving papers an affidavit setting forth fac ts supporting the

requested order or modification and shall give notice, together with a copy of his

affidavit, to other parties to the proceeding, who may file opposing affidavits. If a court

determines that a child is in the custody of a de facto custodi an, the court shall make the

de facto custodian a party to the proceeding. The court shall deny the motion unless it

finds that adequate cause for hearing the motion is established by the affidavits, in which

case it shall set a date for hearing on an orde r to show cause why the requested order or

modification should not be granted.