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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the father’s job constituted a “temporary absence” under UCCJEA for jurisdiction purposes. Child was…
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Notice of Appeal Cannot be Electronically Filed in Termination of Parental Rights (“TPR”) Cases.
CHFS v. D.W. Case No. 2022-SC-0521-DGE Jefferson Family Court Opinion by Justice Conley Date Rendered: December 14, 2023 Issue: Whether electronically filed notice of appeal in termination of parental rights matter is timely when it was filed in the incorrect matter. On July 20, 2021, the Family Court issued a written final order terminating the…
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United States Court of Appeals for the Sixth Circuit Holds that Foster Parents Lack Liberty Interest in Relationship with Foster Children
Mikel v. Quin United States Court of Appeals for the Sixth Circuit Filed: January 19, 2023 Two foster children were removed from Foster Mother’s home after Foster Mother submitted adoption papers on allegations of emotional abuse. Foster Mother argued that the Department failed to give her notice or an opportunity to be heard before commencing…
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Courts Must Inquire as to Indigency in Stepparent Adoptions
R.V.K.H. v. S.M.S. Case No. 2023-CA-0136-ME Graves Circuit Court Decided by Acree, Dixon, And McNeill, Judges. Opinion by Dixon, Judge Date Rendered: October 27, 2023 Issue: Whether the UCCJEA applies in adoption proceedings. Issue: Whether KRS 199.502(3) requires courts to conduct an inquiry of indigency when biological parents appear pro se in adoption proceedings. Child…
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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 sex-transition treatments for minors experiencing…
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