{"data":{"id":"us-ky/krs-403.822","jurisdiction":"us-ky","citation":"KRS 403.822","heading":"Initial child custody jurisdiction.","body":"(1) Except as otherwise provided in KRS 403.828, a court of this state shall have\njurisdiction to make an initial child custody determination only if:\n(a) This state is the home state of the child on the date of the commencement of\nthe proceeding, or was the h ome state of the child within six (6) months\nbefore the commencement of the proceeding and the child is absent from this\nstate but a parent or person acting as a parent continues to live in this state; or\n(b) A court of another state does not have jurisdic tion under paragraph (a) of this\nsubsection, or a court of the home state of the child has declined to exercise\njurisdiction on the ground that this state is the more appropriate forum under\nKRS 403.834 or 403.836; and\n1. The child and the child's parents,  or the child and at least one (1) parent\nor a person acting as a parent, have a significant connection with this\nstate other than mere physical presence; and\n2. Substantial evidence is available in this state concerning the child's care,\nprotection, training, and personal relationships; or\n(c) All courts having jurisdiction under paragraph (a) or (b) of this subsection\nhave declined to exercise jurisdiction on the ground that a court of this state is\nthe more appropriate forum to determine the custody of t he child under KRS\n403.834 or 403.836; or\n(d) No court of any other state would have jurisdiction under the criteria specified\nin paragraph (a), (b), or (c) of this subsection.\n(2) Subsection (1) of this section is the exclusive jurisdictional basis for ma king a child\ncustody determination by a court of this state.\n(3) Physical presence of, or personal jurisdiction over, a party or a child is not\nnecessary or sufficient to make a child custody determination.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17505","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:31Z","sha256":"c1917942c1e2b1cee79b02fc81eb7535a481faef1f647eee36e4d0f0733fbffa","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.820","next":"us-ky/krs-403.824"},"notice":"GroundRules: Original legal text. Not legal advice."}