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Legal Information: Kentucky

Statutes: Kentucky

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November 15, 2023

403A.201 Form of agreement


(1) The parents of a child may enter into a temporary agreement under KRS 403A.201 to 403A.205 granting custodial responsibility during deployment.

(2) An agreement under subsection (1) of this section shall be:

(a) In writing; and

(b) Signed by both parents and any nonparent to whom custodial responsibility is granted.

(3) Subject to subsection (4) of this section, an agreement under subsection (1) of this section, if feasible, shall:

(a) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;

(b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;

(c) Specify any decision-making authority that accompanies a grant of caretaking authority;

(d) Specify any grant of limited contact to a nonparent;

(e) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;

(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;

(g) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;

(h) Acknowledge that any party’s child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during the deployment requires modification in the appropriate court;

(i) Provide that the agreement will terminate according to the procedures under KRS 403A.401 to 403A.404 after the deploying parent returns from deployment; and

(j) If the agreement must be filed pursuant to KRS 403A.205, specify which parent is required to file the agreement.

(4) The omission of any of the items specified in subsection (3) of this section does not invalidate an agreement under this section.