{"data":{"id":"us-ky/krs-403.856","jurisdiction":"us-ky","citation":"KRS 403.856","heading":"Expedited enforcement of child custody determination.","body":"(1) A petition under Article 3 shall be verified. Certified copies of all orders sought to\nbe enforced and of any order confirming registration shall be attached to the\npetition. A copy of a certified copy of an order may be attached instead of the\noriginal.\n(2) A petition for enforcement of a child custody determination shall state:\n(a) Whether the court that issued the determination identified the jurisdictional\nbasis it relied upon in exercising jurisdiction and, if so, what the basis was;\n(b) Whether the determination for which enforcement is sought has been vacated,\nstayed, or modified by a court whose decision is entitled to enforcement under\nKRS 403.800 to 403.880 and, if so, identify the court, the case number, and\nthe nature of the proceeding;\n(c) Whether any proceeding has been commenced that could affect the current\nproceeding, including proceedings relating to domestic violence, protective\norders, termination of parental rights, and adoptions and, if so, identify the\ncourt, the case number, and the nature of the proceeding;\n(d) The present physical address of the child and the respondent, if known;\n(e) Whether relief in addition to the immediate physical custody of the child and\nattorney's fees is sought, including a request for assistance from law\nenforcement officials and, if so, the relief sought; and\n(f) If the child custody determination has been registered and confirmed under\nKRS 403.850, the date and place of registration.\n(3) Upon the filing of a petition, the court shall issue an order directin g the respondent\nto appear in person with or without the child at a hearing and may enter any order\nnecessary to ensure the safety of the parties and the child. The hearing shall be held\non the next judicial day after service of the order unless that date is impossible. In\nthat event, the court shall hold the hearing on the first judicial day possible. The\ncourt may extend the date of hearing at the request of the petitioner.\n(4) An order issued under subsection (3) of this section shall state the time and place of\nthe hearing and advise the respondent that at the hearing the court will order that the\npetitioner may take immediate physical custody of the child and the payment of\nfees, costs, and expenses under KRS 403.864, and may schedule a hearing to\ndetermine whether further relief is appropriate, unless the respondent appears and\nestablishes that:\n(a) The child custody determination has not been registered and confirmed under\nKRS 403.850 and that:\n1. The issuing court did not have jurisdiction under Article 2;\n2. The child custody determination for which enforcement is sought has\nbeen vacated, stayed, or modified by a court having jurisdiction to do so\nunder Article 2; or\n3. The respondent was entitled to notice, but notice was not given in\naccordance with the standards of KRS 403.812, in the proceedings\nbefore the court that issued the order for which enforcement is sought; or\n(b) The child custody determination for which enf orcement is sought was\nregistered and confirmed under KRS 403.850 but has been vacated, stayed, or\nmodified by a court of a state having jurisdiction to do so under Article 2.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17522","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:31Z","sha256":"36050f3744acefc8daf0f83d3e23bcc643149a6463527db0a24f06c9beb66ae0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.854","next":"us-ky/krs-403.858"},"notice":"GroundRules: Original legal text. Not legal advice."}
