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Unequal Property Division Not Supported by Substantial Evidence
Bradley v. Bradley NO. 2022-CA-0960-MR FLOYD FAMILY COURT Decided by CETRULO, ECKERLE, AND GOODWINE, JUDGES Opinion by CETRULO, JUDGE Date Rendered: September 8, 2023 Issue: Whether the Family Court erred in adopting husband’s tendered order. Issue: Whether a 60/40 division of a marital estate was equitable. After a trial…
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The Ultimate Inquiry for Grandparent Visitation is Best Interest
…although there is a presumption in favor of the wishes of the parents, the ultimate inquiry is whether visitation is clearly in the children’s best interest
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Family Court Must Appoint Guardian ad Litem When Child Is Listed as Party in Domestic Violence Order Petition
The Court of Appeals remands the matter for additional proceedings as to the child holding that in DVO matters Smith “requires that a minor child who is listed as a party on the petition for protection is in need of an appointed guardian.”
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Family Court Affirmed in Finding Mother Neglected Medically Complex Child
S.S. v. Commonwealth Case No. 2023-CA-0379-ME Jefferson Family Court Decided by Thompson, Chief Judge; Cetrulo and Combs, Judges. Opinion by Thompson, Chief Judge Date Rendered: October 13, 2023 Issue: Whether the Family Court erred in finding Mother neglected medically complex child. Child was born prematurely and diagnosed with eosinophilic esophagitis.…
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Family Court Has No Custody Modification Jurisdiction When Parents and Child Do Not Reside in State; Custody Forum-Selection Clause Is Not Binding on Family Court
Day v. Day Case No. 2022-CA-1250-MR McCracken Family Court Decided by J. Susanne M. Cetrulo, J. Audra Jean Eckerle, and J. Pamela R. Goodwine Opinion by J. Susanne M. Cetrulo Date Rendered: August 4, 2023 Issue: Whether a Kentucky court has jurisdiction to modify custody or parenting time pursuant to…
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- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
- United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
- Supreme Court Strictly Enforces Rules of Appellate Procedure
- Family Court Violated Father’s Express Due Process Rights under KRS 403.300(3) by Allowing Testimony and Admitting Friend of the Court Report After Prohibiting Father from Taking the Deposition of Children’s Therapist Prior to Hearing
- Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
