A party seeking a temporary custody order or modification of a custody decree shall submit together with his moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceeding, who may file opposing affidavits. If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding. 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 why the requested order or modification should not be granted.
KRS 403.350
Affidavit required with motion for temporary custody order or for modification of custody decree
Known as the Uniform Child Custody Jurisdiction and Enforcement Act
The act spans §§ 403–403 (180 sections).
Applied in 24 court decisions — leading case Frances v. Frances (2008)
Most recently applied in Ferrand v. Ferrand (August 2016)
Effective: July 15, 1998 History: Amended 1998 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.