Amendment of emergency custody order where Ky not the home state of the child – published opinion from Ky Court of Appeals

Flag of Kentucky

R.B. v. S.M.

Trial Court granted Father temporary custody of minor child after Mother had been arrested for driving under the influence while minor child had been left unattended in their residence. After a full hearing, Trial Court later rescinded the order granting Father temporary custody. Unbeknownst to the Kentucky Trial Court, a prior temporary custody order had been entered in Tennessee. Father argued that, while Kentucky had jurisdiction to enter the original emergency order, it had lost jurisdiction to rescind that order because Tennessee was the Home State for child custody. The Trial Court found that once an emergency custody order was necessary, Kentucky retained jurisdiction until the Home State made a subsequent custody determination.

The Court of Appeals held that the Kentucky Order rescinding the prior emergency order was proper stating that “the plain language of KRS 403.828(3) evidences the legislature’s intent that emergency orders should not continue in perpetuity where another jurisdiction has issued a child custody determination, or, is in the process thereof.”


Digested by: Emily T. Cecconi

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