Ky. Fam. Ct. R. P. & Prac. FCRPP 29

As amended through October 28, 2024

Rule FCRPP 29 - New Action

Any new allegation or request for removal after a child has achieved permanency shall be filed as a new action.

Amended by order 2017-14, eff. 1/1/2018; amended by order 2020-01 eff. 2/1/2020.

SUPREME COURT STANDING COMMITTEE ON THE FCRPP (2012) COMMENTARY

With respect to FCRPP 30(1), if a permanent custody motion is filed within a Dependency, Neglect or Abuse (DNA) action pursuant to KRS 620.027, the movant shall ensure that personal service (of the DNA action) has been perfected upon both parents and any other legal custodian, except as otherwise directed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Personal service shall be perfected in accordance with the Kentucky Rules of Civil Procedure, CR 4, et. seq. If said service has not been properly perfected in the DNA action, the court should deny the motion and require the movant to file a proper petition for child custody pursuant to KRS Chapter 403.