-
Federal Law Prohibiting Individuals Subject to Domestic Violence Order from Receiving or Possessing Firearms Held Unconstitutional by U.S. District Court
United States v. Sherman Kelvin Combs U.S. District Court for the Eastern District of Kentucky Appeal filed on February 23, 2023 Family Court issued a Domestic Violence Order (“DVO”) against Combs after “a hearing of which he received actual notice” and “an opportunity to participate.” The DVO prohibited Combs from “harassing, stalking, or threatening an…
-
Biological Father Entitled to Intervene in Dissolution of Marriage and Obtain Relief Under CR 60.02
Wood v. Critz NO. 2021-CA-0902-MR Simpson Family Court Decided by Clayton, Chief Judge; Cetrulo, and K. Thompson, Judges Opinion by Thompson, K., Judge Date Rendered: January 6, 2023 Issue: Whether biological father could intervene in a dissolution action post-judgment. In 2015, Mother became pregnant by Biological Father while married to Husband and child was…
-
Family Court Must Presume IRS Rules Apply as to Dependency Exemptions
Bankston v. Mattingly NO. 2021-CA-1490-MR Marion Circuit Court Decided by Thompson, Chief Judge; Jones, and Karem, Judges Opinion by Jones, Judge Date Rendered: February 17, 2023 Issue: Whether minor child could be claimed on federal income tax returns on a rotating basis. Father and mother shared equal parenting time. Father paid child support as he…
-
Family Court decision Restricting Father’s Parenting Time without a Finding of Serious Endangerment Vacated and Remanded
Turner v. Turner NO. 2022-CA-0422-MR Warren Circuit Court Decided by Caldwell, Combs, and Lambert, Judges Opinion by Caldwell, Judge Date Rendered: June 2, 2023 Issue: Whether parenting time can be restricted without a finding of serious endangerment. After a hearing, Family Court found Father had not cooperated with family therapy and suspended his parenting time…
-
Kentucky Court of Appeals Publishes Casey’s Law Case
Kentucky Court of Appeals Publishes Casey’s Law Case B.D.P. v. Commonwealth NO. 2022-CA-1123-DG Henderson Circuit Court Decided by Thompson, Chief Judge; Karem and McNeill Judges. Opinion by Karem, Judge Date Rendered: June 9, 2023 Issue: Whether Casey’s Law requires examination by a physician. Upon petition by Parents, District Court conducted a hearing, and upon testimony…
(502) 589-4215 | 500 West Jefferson Street, Suite 2100, Louisville KY 40202
