23-37,101 Short title.

23-37,101. Short title. (UCCJEA 101). The provisions of K.S.A. 2021 Supp. 23-37,101 through 23-37,405 may be cited as the uniform child-custody jurisdiction and enforcement act. History: L. 2000, ch. 171, § 31; July 1.

23-37,102 Definitions.

23-37,102. Definitions. (UCCJEA 102). As used in K.S.A. 2021 Supp. 23-37,101 through 23-37,405: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Act” means the uniform child-custody jurisdiction and enforcement act. (3) “Child” means an individual who has not attained 18 years of age. (4) “Child-custody determination” means a judgment, […]

23-37,103 Proceeding governed by other law.

23-37,103. Proceeding governed by other law. (UCCJEA 103). This act does not govern a proceeding pertaining to the authorization of emergency medical care for a child. History: L. 2000, ch. 171, § 33; July 1.

23-37,104 Application to Indian tribes.

23-37,104. Application to Indian tribes. (UCCJEA 104). (a) A child-custody proceeding that pertains to an Indian child as defined in the Indian child welfare act, 25 U.S.C. § 1901 et seq., is not subject to this act to the extent that it is governed by the Indian child welfare act. (b) A court of this […]

23-37,105 International application of act.

23-37,105. International application of act. (UCCJEA 105). (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying K.S.A. 2021 Supp. 23-37,101 through 23-37,210, and amendments thereto. (b) Except as otherwise provided in subsection (c), a child-custody determination made in […]

23-37,106 Effect of child-custody determination.

23-37,106. Effect of child-custody determination. (UCCJEA 106). A child-custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with K.S.A. 2021 Supp. 23-37,108, and amendments thereto, or who have submitted to […]

23-37,107 Priority.

23-37,107. Priority. (UCCJEA 107). If a question of existence or exercise of jurisdiction under this act is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. History: L. 2000, ch. 171, § 37; July 1.

23-37,108 Notice to persons outside state.

23-37,108. Notice to persons outside state. (UCCJEA 108). (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must […]

23-37,109 Appearance and limited immunity.

23-37,109. Appearance and limited immunity. (UCCJEA 109). (a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of […]

23-37,110 Communication between courts.

23-37,110. Communication between courts. (UCCJEA 110). (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the […]

23-37,111 Taking testimony in another state.

23-37,111. Taking testimony in another state. (UCCJEA 111). (a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken […]

23-37,112 Cooperation between courts; preservation of records.

23-37,112. Cooperation between courts; preservation of records. (UCCJEA 112). (a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the […]

23-37,201 Initial child-custody jurisdiction.

23-37,201. Initial child-custody jurisdiction. (UCCJEA 201). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state has jurisdiction to make an initial child-custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was […]

23-37,202 Exclusive, continuing jurisdiction.

23-37,202. Exclusive, continuing jurisdiction. (UCCJEA 202). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state which has made a child-custody determination consistent with K.S.A. 2021 Supp. 23-37,201 or 23-37,203, and amendments thereto, has exclusive, continuing jurisdiction over the determination until: (1) A court of this state […]

23-37,203 Jurisdiction to modify determination.

23-37,203. Jurisdiction to modify determination. (UCCJEA 203). Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subsection (a)(1) or (2) […]

23-37,204 Temporary emergency jurisdiction.

23-37,204. Temporary emergency jurisdiction. (UCCJEA 204). (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to […]

23-37,205 Notice; opportunity to be heard; joinder.

23-37,205. Notice; opportunity to be heard; joinder. (UCCJEA 205). (a) Before a child-custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of K.S.A. 2021 Supp. 23-37,108, and amendments thereto, must be given to all persons entitled to notice under the law of this state as […]

23-37,206 Simultaneous proceedings.

23-37,206. Simultaneous proceedings. (UCCJEA 206). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state may not exercise its jurisdiction under K.S.A. 2021 Supp. 23-37,201 through 23-37,210, and amendments thereto, if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the […]

23-37,207 Inconvenient forum.

23-37,207. Inconvenient forum. (UCCJEA 207). (a) A court of this state which has jurisdiction under this act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. […]

23-37,208 Jurisdiction declines by reason of conduct.

23-37,208. Jurisdiction declines by reason of conduct. (UCCJEA 208). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, or by other law of this state, if a court of this state has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court […]