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Sixth Circuit Holds No Constitutional Prohibition on State Limitations of Medical Treatments for Minors
Jane Doe 1 v. William Thornbury, Jr. No. 23-5609 Western District of Kentucky at Louisville Decided by Sutton, Chief Judge; White and Thapar, Circuit Judges. Opinion by Sutton, Chief Judge Dissent by White, Judge Date Rendered: September 28, 2023 Issue: Whether the United States Constitution prohibits Kentucky from limiting certain…
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Trial Court Erred by Awarding 100% of Post-Separation Increases to Husband
Thielmeier v. Thielmeier Case No. 2021-SC-0532-DG Jefferson Circuit Court Opinion by Lambert Date Rendered: December 15, 2022 Issue: Whether the family court abused its discretion by awarding husband 100 percent of the amount by which two marital assets increased in value during the two-and-a-half-year period between the parties’ separation and…
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Kentucky Supreme Court Overturns Court of Appeal’s, Upholds Circuit Court’s Modification of Maintenance Based Upon Changed Circumstances and Award of Attorney Fees.
Mahl v. Mahl Case Nos. 2021-SC-0481-DG and 2021-SC-0487-DG Appeals from Jefferson Circuit Court Opinion by Bisig, Judge Date Rendered: April 27, 2023 Issue: Whether Substantial and Continuing Change in Circumstances existed Warranting Modification of Maintenance Award, and Whether Failure to Name Attorney as a Party to an Appeal of and…
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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…
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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…
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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