{"data":{"id":"us-ky/krs-403.836","jurisdiction":"us-ky","citation":"KRS 403.836","heading":"Jurisdiction declined by reason of conduct.","body":"(1) Except as otherwise provided in KRS 403.828, or by other law of this state, if a\ncourt of this state has jurisdiction under KRS 403.800 to 403.880 because a person\nseeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court\nshall decline to exercise its jurisdiction unless:\n(a) The parents and all persons acting as parents have acquiesced in the exercise\nof jurisdiction;\n(b) A court of the state otherwise having jurisdiction under KRS 403.822,\n403.824, and 403.826 determines that this  state is a more appropriate forum\nunder KRS 403.834; or\n(c) No court of any other state would have jurisdiction under the criteria specified\nin KRS 403.822, 403.824, and 403.826.\n(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1)\nof this section, it may fashion an appropriate remedy to ensure the safety of the\nchild and prevent a repetition of the unjustifiable conduct, including staying the\nproceeding until a child custody proceeding is commenced in a court havin g\njurisdiction under KRS 403.822, 403.824, and 403.826.\n(3) If a court dismisses a petition or stays a proceeding because it declines to exercise\nits jurisdiction pursuant to subsection (1) of this section, it shall assess against the\nparty seeking to invoke its jurisdiction necessary and reasonable expenses including\ncosts, communication expenses, attorney's fees, investigative fees, expenses for\nwitnesses, travel expenses, and child care during the course of the proceedings,\nunless the party from whom fee s are sought establishes that the assessment would\nbe clearly inappropriate. The court shall not assess fees, costs, or expenses against\nthis state unless authorized by law other than KRS 403.800 to 403.880.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17512","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:31Z","sha256":"afc3e85b7f926550031acb2759b2dcaf3a6664f6c139a5ce015683468fbc56b5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.834","next":"us-ky/krs-403.838"},"notice":"GroundRules: Original legal text. Not legal advice."}