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 for three months ordering Father to seek individual therapy. The Family Court also ordered Father to pay the costs of the expert that appeared at the hearing. Father appealed.
The Court of Appeals vacated the denial of parenting time to Father because the Family Court did not make a finding of serious engagement pursuant to KRS 403.320 stating that a three-month denial of parenting time is a restriction not a modification. Notably, the Court of Appeals affirms that “there are situations where it is appropriate to suspend a parent’s contact with a child until a mental health professional determines that resuming visitation or timesharing is appropriate” leaving room for the Family Court on remand to determine that the children were seriously endangered and keep the restriction on Father’s parenting time in place.
Father did not preserve the issue related to expert payment and the Court of Appeals did not find palpable error.
Digested by Elizabeth M. Howell