SB 205/FN (BR 392) - E. Scorsone, G. Johnson, N. Kafoglis
AN ACT relating to child custody.
Amend KRS 403.270 to define "de facto custodian" of a child; require a court to give the same standing to a "de facto custodian" of a child as to the child's parents in awarding custody; award KRS 403.280 to permit a court to join a "de facto custodian" in a temporary custody proceeding; amend KRS 403.340 to permit the modification of a custody decree earlier than two years after its date when the custodian appointed under the prior decree has placed the child with a "de facto custodian"; amend KRS 403.350 to permit a court to make a "de facto custodian" a party to a temporary custody proceeding or a proceeding to modify a custody decree; amend KRS 403.420 to permit a "de facto custodian" to file a petition for custody of the child; amend KRS 405.020 to permit a "de facto custodian" to seek legal custody of a child.
SB 205 - AMENDMENTS
SCA (1, E. Scorsone) - Extend the custody time required to deem a person a de facto custodian from six (6) months to one (1) year or more if the child is three (3) years of age or older or has been placed by the Department of Social Services; preclude any custody time after a parent has commenced an action to regain custody in computing the de facto custodianship period; require the court to consider the circumstances under which the child was allowed to remain with the de facto custodian.
SCA (2, E. Tori) - Provide that the court shall not deem a person a de facto custodian solely because the person has cared for a child while the parent has worked, attended school, or sought employment.
SFA (3, E. Scorsone) - Provide that to qualify as a de facto custodian, a person must have had custody of a child for six (6) months, if the child was under three (3) years old, and for one (1) year if the child was over three (3) years old, or had been placed by the Department for Social Services; prohibit time after the custody action was filed from counting toward the determination of de facto custodian; require the court, in awarding custody, to consider the circumstances under which the child was placed with a de facto custodian, including whether it was because of domestic violence or because the parent was seeking work, working, or attending school.
HFA (1, J. Coleman) - Provide that the court may grant visitation to any person that has played a substantial and continuing role in the life of a child if they find it is in the best interest of the child.
HFA (2, J. Coleman) - Make title amendment
Jan 26-introduced in Senate
Jan 27-to Judiciary (S)
Feb 25-reported favorably, 1st reading, to Calendar with Committee Amendments (1) and (2)
Feb 26-2nd reading, to Rules
Feb 27-posted for passage in the Regular Orders of the Day for March 2, 1998
Mar 2-floor amendment (3) filed; passed over and retained in the Orders of the Day
Mar 3-3rd reading, Committee Amendments (1) and (2) withdrawn; passed 37-0 with Floor Amendment (3)
Mar 4-received in House
Mar 5-to Judiciary (H)
Mar 6-posted in committee
Mar 17-reassigned to Appropriations and Revenue (H); posting waived
Mar 18-reported favorably, 1st reading, to Calendar
Mar 19-2nd reading, to Rules
Mar 20-floor amendments (1) and (2-title) filed
Mar 23-posted for passage in the Regular Orders of the Day for March 24, 1998
Mar 26-3rd reading, passed 98-0
Mar 27-received in Senate; enrolled, signed by each presiding officer, delivered to Governor
Apr 1-signed by Governor