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Kentucky · Snapshot 09/05/2026

KRS 403.862: Warrant to take physical custody of child.

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Where this section sits in the code
  1. KRS Chapter 403

(1) Upon the filing of a petition seeking enforcement of a child custody determination,

the petitioner may file a verified application for the issuance of a warrant to take

physical custody of the child if the child is immediately likely to suffer serious

physical harm or be removed from this state.

(2) If the court, upon the testimony of the petitioner or other witness, finds that the

child is imminently likely to suffer serious physical harm or be removed from this

state, it may issue a warrant to take physic al custody of the child. The petition shall

be heard on the next judicial day after the warrant is executed unless that date is

impossible. In that event, the court shall hold the hearing on the first judicial day

possible. The application for the warrant shall include the statements required by

KRS 403.856(2).

(3) A warrant to take physical custody of a child shall:

(a) Recite the facts upon which a conclusion of imminent serious physical harm

or removal from the jurisdiction is based;

(b) Direct law enfor cement officers to take physical custody of the child

immediately; and

(c) Provide for the placement of the child pending final relief.

(4) The respondent shall be served with the petition, warrant, and order immediately

after the child is taken into physical custody.

(5) A warrant to take physical custody of a child is enforceable throughout this state. If

the court finds, on the basis of the testimony of the petitioner or other witness that a

less intrusive remedy is not effective, it may authorize law en forcement officers to

enter private property to take physical custody of the child. If required by exigent

circumstances of the case, the court may authorize law enforcement officers to

make a forcible entry at any hour.

(6) The court may impose conditions upon placement of a child to ensure the

appearance of the child and the child's custodian.

Collected 2026-09-05T20:59:31Z. Source file · JSON

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