403.3 25 Visitation denied parent convicted of homicide of other parent -- Exception -- Hearing required. (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 visit ation, 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 w here 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. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 58, sec. 1, effective July 14, 2000.
Kentucky Legal Code