403.800 Definitions for KRS 403.800 to 403.880.

KY Rev Stat § 403.800 (2019) (N/A)
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403.800 Definitions for KRS 403.800 to 403.880. As used in KRS 403.800 to 403.880: (1) (2) (3) (4) (5) (6) (7) (8) (9) "Abandoned" means left without provision for reasonable and necessary care or supervision; "Child" means an individual who has not attained eighteen (18) years of age; "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes permanent, temporary, initial, and modification orders. The term does not include an order relating to child support or other monetary obligation of an individual; "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3; "Commencement" means the filing of the first pleading in a proceeding; "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination; "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period; "Initial determination" means the first child custody determination concerning a particular child; "Issuing court" means the court that makes a child custody determination for which enforcement is sought under KRS 403.800 to 403.880; (10) "Issuing state" means the state in which a child custody determination is made; (11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination; (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity; (13) "Person acting as a parent" means a person, other than a parent, who: (a) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state; (14) "Physical custody" means the physical care and supervision of a child; (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state; and (17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 133, sec. 1, effective July 13, 2004.