38-1362. Registration of child-custody determination.
38-1362
38-1362. Registration of child-custodydetermination.(UCCJEA 305). (a) A child-custody determination issued by acourt of another state may be registered in this state, with or without asimultaneous request for enforcement, by sending to the district court in thisstate:
(1) A letter or other document requesting registration;
(2) two copies, including one certified copy, of the determinationsought to be registered, and a statement under penalty of perjury that tothe best of the knowledge and belief of the person seeking registrationthe order has not been modified; and
(3) except as otherwise provided in K.S.A. 38-1356 and amendments thereto,thename and address of the person seeking registration and any parent or personacting as a parent who has been awarded custody or visitation in thechild-custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registeringcourt shall:
(1) Cause the determination to be filed as a foreign judgment, togetherwith one copy of any accompanying documents and information, regardless oftheir form; and
(2) serve notice upon the persons named pursuant to subsection (a)(3) andprovide them with an opportunity to contest the registration in accordance withthis section.
(c) The notice required by subsection (b)(2) must state that:
(1) A registered determination is enforceable as of the date of theregistration in the same manner as a determination issued by a court of thisstate;
(2) a hearing to contest the validity of the registered determination must berequested within 20 days after service of notice; and
(3) failure to contest the registration will result in confirmation of thechild-custody determination and preclude further contest of that determinationwith respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order mustrequest a hearing within 20 days after service of the notice. At that hearing,the court shall confirm the registered order unless the person contestingregistration establishes that:
(1) The issuing court did not have jurisdiction under K.S.A. 38-1348 through38-1357and amendments thereto;
(2) the child-custody determination sought to be registered has been vacated,stayed, or modified by a court having jurisdiction to do so under K.S.A.38-1348 through 38-1357 and amendments thereto; or
(3) the person contesting registration was entitled to notice, but notice wasnot given in accordance with the standards of K.S.A. 38-1343 and amendmentsthereto,in the proceedings before the court that issued the order for whichregistration is sought.
(e) If a timely request for a hearing to contest the validity of theregistration is not made, the registration is confirmed as a matter of law andthe person requesting registration and all persons served must be notified ofthe confirmation.
(f) Confirmation of a registered order, whether by operation of law or afternotice and hearing, precludes further contest of the order with respect to anymatter that could have been asserted at the time of registration.
(g) There shall be no fee for registering a child-custody determinationissued by a court of another state pursuant to this section. The fee forenforcement or modification of any child custody determination shall be asprescribed in K.S.A. 2000 Supp. 60-1621, and amendments thereto.
History: L. 2000, ch. 171, § 57; July 1.