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Family Court decision Restricting Father’s Parenting Time without a Finding of Serious Endangerment Vacated and Remanded
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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…
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Kentucky Court of Appeals Publishes Casey’s Law Case
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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…
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Kentucky Court of Appeals Grants Writ of Prohibition and Stays Jefferson County Family Court DNA Action Pending Breckenridge County Ruling on Custody and Adoption Petitions
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H.H., ET AL. v. HONORABLE LORI GOODWIN, JUDGE, JEFFERSON FAMILY COURT, ET AL. Case No. 2022-CA-1023-OA Original Action arising from Jefferson Family Court Decided by Dixon, Lambert, and Maze, Judges Opinion by Maze, Judge Date Rendered: December 2, 2022 Issue: Whether Family Court Erred and Writ of Prohibition Should be Issued Minor child was born…
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Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”), but Evidence was Insufficient to Support Extension of the Protective Order
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Christina Holt Taylor v. Leigh-Ann Fitzpatrick Case No. 2022-CA-0946-ME Allen Family Court Decided by Cetrulo, Dixon, and Taylor, Judges Opinion by Cetrulo, Judge Date Rendered: January 13, 2023 Issue: Whether Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”) and Whether Family Court’s Order Extending IPO was Supported by Sufficient Evidence Family court entered…
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Kentucky Supreme Court Holds Zoom Testimony Violated Defendant’s Sixth Amendment Right of Confrontation Afforded by the U.S. Constitution Without Showing of Necessity
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Campbell v. Commonwealth Case No. 2021-SC-0479-MR Appeal from Adair Circuit Court Opinion by Conley, Judge Date Rendered: April 27, 2023 Issue: Whether Circuit Court Erred by allowing a witness to testify via zoom in violation of the Defendant’s Sixth Amendment Right to Confrontation. Circuit Court found Defendant guilty of violating a Domestic Violence Order and…
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