FAMILY LAW (UCCJEA): Biggs v. Biggs (COA 12/4/2009)

Biggs v. Biggs
2008-CA-001219 12/04/2009 2009 WL 4406061

Opinion by Chief Judge Combs; Judge Wine and Senior Judge Graves concurred. The Court vacated and remanded an order of the circuit court dismissing, for lack of jurisdiction, appellant’s motion to modify custody. The Court held that the trial court erred by when it did not apply the factors mandated by KRS 403.834(2) before declining to exercise continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 403.800, et seq. The Court further erred when it found that neither the child or appellant had significant connections with Kentucky when appellant remained a Kentucky resident, the child had lengthy visits in Kentucky, and the child’s half-sister, grandparents, and other relatives resided in Kentucky.

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