Kentucky Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.

2. 2

   A party to a custody proceeding may move for a temporary custody order under KRS 403.280, and the motion must be supported by an affidavit as provided in KRS 403.350.

3. 3

   Under KRS 403.350, the court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause. The court decides whether to grant any order.

4. 4

   Temporary custody is decided under the standards of KRS 403.270. KRS 403.280 carries a rebuttable presumption of temporary joint custody and equal parenting time, which can be rebutted by a preponderance of the evidence.

5. 5

   Notice: the movant must give notice, together with a copy of the affidavit, to the other parties, who may file opposing affidavits (KRS 403.350). Ask the clerk or an attorney about notice timing and local practice before filing.

6. 6

   KRS 403.828 gives a Kentucky court temporary emergency jurisdiction if the child is present in Kentucky and has been abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

7. 7

   For domestic violence and abuse, a petition under KRS 403.715 to 403.785 is the protective-order route. The court may issue an ex parte emergency protective order on immediate and present danger of domestic violence and abuse (KRS 403.730), with an evidentiary hearing not more than 14 days later. In a domestic violence order, the court may grant temporary custody (KRS 403.740). For non-emergency changes, see the modifying child custody guide.

Kentucky Requirements for Emergency Custody Motion

• Motion for temporary custody

  A party to a custody proceeding may move for a temporary custody order (KRS 403.280).

• Supporting affidavit

  The motion must be supported by an affidavit as provided in KRS 403.350.

• Adequate cause for a hearing

  The court shall deny the motion unless the affidavits establish adequate cause for hearing it, in which case it sets a hearing on an order to show cause (KRS 403.350).

• Notice with a copy of the affidavit

  The movant gives notice, with a copy of the affidavit, to the other parties, who may file opposing affidavits (KRS 403.350).

• Temporary emergency jurisdiction

  KRS 403.828 applies when the child is present in Kentucky and abandoned, or needs emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

• Facts of the emergency

  State dates, places, people present and the specific harm threatened, in the affidavit.

• Specific temporary orders requested

  List each order sought, such as temporary custody, limited or supervised parenting time, or a restraint, as separate alternatives.