KRS § 403.800 — KY Code / Title XXXV / Chapter 403 / Section 403.800
403.800 Definitions for KRS 403.800 to 403.880
Status: in_force

403.800 Definitions for KRS 403.800 to 403.880.

As used in KRS 403.800 to 403.880:

(1) "Abandoned" means left without provision for reasonable and necessary care or

supervision;

(2) "Child" means an individual who has not attained eighteen (18) years of age;

(3) "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;

(4) "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;

(5) "Commencement" means the filing of the first pleading in a proceeding;

(6) "Court" means an entity authorized under the law of a state to establish, enforce, or

modify a child custody determination;

(7) "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;

(8) "Initial determination" means the first child custody determination concerning a

particular child;

(9) "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.