Ky. Cir. Ct. Clerks' Manual PETITION FOR IMMEDIATE ENTITLEMENT TO CUSTODY

70 PETITION FOR IMMEDIATE

ENTITLEMENT TO CUSTODY

KRS 620.110

Circuit Court

Process Map

70.1 Petition

1. Upon receipt of a Petition for Immediate Entitlement to Custody, collect

filing fees as set forth in the Accounting Manual and give a receipt. Do Quick Reference

not apply the FILED stamp or process the petition until the filing fees Collect filing fees

are paid.

Exceptions: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing

fees unless the action is filed in the name of the Commonwealth.. File, date, initial

2. Assign to a division using the procedure in your local court rules. For

instructions on opening the case, see the Case Add section of KyCourts

Manual.

3. Generate the next case number for circuit civil CI cases or use the next

pre-numbered file folder. File the case in the confidential CO division of Circuit Civil CI Case

KYCourts. KRS 610.340. CO Division

NOTE: Do not re-enter the case number in the circuit civil CI division. Do not issue

4. If the petitioner is seeking to proceed In Forma Pauperis, the petition summons

must be accompanied by a Motion for Leave to Proceed In Forma Deliver case file to

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57 judge

Motion for Leave to Proceed In Forma Pauperis for instructions on how If directed,

to process a Motion for Leave to Proceed In Forma Pauperis and the schedule hearing

tendered petition. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth.

5. Apply the FILED stamp to the petition; add the date and your initials.

6. Do not issue a summons.

7. Immediately deliver the case file to the judge. If the judge directs,

schedule a hearing by completing a scheduled events screen.

PETITION FOR IMMEDIATE ENTITLEMENT TO CUSTODY

70.2 Order

1. Upon receipt of a signed order, apply the ENTERED stamp to the order; Quick Reference

add the date and your initials. Enter, date, initial

2. Enter the order on the document screen, including a brief description.

3. After the order is entered, serve notice of entry on the parties by making Serve notice of

a copy of the order that has been stamped ENTERED and mail or hand entry

deliver it to the party or attorney. Make an entry on the document

screen showing the manner and date of the service of notice of entry of

the order. See Notice of Entry.

4. When an order closes the case, complete the disposition date, NOE

disposition type OTH and judge at disposition fields on the case screen. Disposition type

OTH