(1) Notwithstanding the provisions of KRS 403.320, if a parent of a child is convicted of murder or manslaughter in the first degree of the other parent, a court shall not grant the convicted parent visitation rights with respect to that child unless the court, through a hearing, determines that visitation is in the child's best interest.
(2) If the court later modifies a denial of visitation to grant visitation, the court shall do so only after a hearing which establishes that visitation is in the child's best interest.
(3) In any hearing conducted under subsection (1) or (2) of this section:
(a) Jurisdiction shall lie with the Circuit Court of the county where the child resides; and (b) The convicted parent, to obtain visitation, shall have to meet the burden of proving that visitation is in the child's best interest.