In a proceeding for a grant of custodial responsibility pursuant to KRS 403A.301 to 403A.311, the following rules apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumsta nces meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and (2) The court shall enforce a prior written agreement between the parents for designating custodial responsibilit y in the event of deployment, including an agreement executed under KRS 403A.201 to 403A.205, unless the court finds that the agreement is contrary to the best interest of the child.
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