Section 403.800 - Definitions for KRS 403.800 to 403.880As 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.Effective:7/13/2004
Created 2004, Ky. Acts ch. 133, sec. 1, effective7/13/2004.