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Nonparent Must Prove Unfitness or Waiver to Defeat Parent’s Superior Right to Custody
Appleman v. Gebell 2024-SC-0137-DGE Bracken Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issue: Whether mother waived superior right to custody. In 2016, shortly after birth, Child was placed with Paternal Relatives. In 2019, the Court entered a permanency order granting full custody to Paternal Relatives. In 2021, Mother…
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KRS 403.220 Preempts CR 69 Offer of Judgment Rule
Picard v. Knight 2023-SC-0043-DG Pulaski Circuit Court Kentucky Supreme Court Opinion by Justice Thompson Date Rendered: October 24, 2024 Issue: Whether an offer of judgment pursuant to CR 68 is permissible in a family law matter. Mother and Father litigated multiple issues including child support related to a shared child. Subsequent to a hearing and…
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Grandparent Visitation Best Interest Analysis Relies on Walker Factors When Child Is with a Nonparent Custodian
Watkins v. Watkins NO. 2022-CA-1472-MR Fayette Circuit Court Kentucky Court of Appeals Opinion by Judge Acree Date Rendered: September 6, 2024 Issue: What is the appropriate best interest standard for grandparent visitation when child is living with a nonparent custodian. Biological Parents lost custody, and Child was placed with Great Aunt. Grandmother petitioned the Family…
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Custody Order Affirmed as Role of FOC is Advisory
Bentley v. Etherton 2023-CA-0560-MR Kentucky Court of Appeals Bullitt Circuit Court Opinion by Judge Acree Date Rendered: October 18, 2024 On December 10, 2017, Mother fatally shot Father and later pled guilty to murder, leaving their Child at the center of legal disputes. Before her incarceration, Mother signed a medical power of attorney granting Great-Aunt…
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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
