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Hearing Required for School Change
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Kutter v. Kutter No. 2023-CA-1091-MR Fayette Family Court Opinion by Judge Eckerle Dated Rendered: June 28, 2024 In this case, Father appeals a decision by the Fayette Family Court, which granted Mother the authority to make educational and religious decisions for their children, despite the terms of their separation agreement. The agreement had originally granted…
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Grandparents Volunteering Assistance Alongside Parents Are Not De Facto Custodians
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Rigdon v. England NO. 2023-CA-0984-MR Hardin Circuit Court Kentucky Court of Appeals Opinion by Judge Combs Date Rendered: July 12, 2024 Issues: Whether the legislative changes to aggregating time pursuant to the de facto custodianship statute, KRS 403.270, apply retroactively. Whether grandparents volunteering assistance qualify as de facto custodians. Paternal Grandparents filed a petition to…
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Interested Persons with Proper Standing who File a DNA Action Are Accorded the Status of a Party-Plaintiff
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G.M.A. v. Commonwealth Case No. 2023-CA-0941-ME Gallatin Family Court Opinion by Judge Eckerle Date Rendered: May 3, 2024 Issue: Whether Interested Persons are entitled to status as parties to DNA proceedings. Paternal Grandparents filed a DNA Petition on behalf of their Grandchild alleging that Grandchild had been living with them since birth at the request…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
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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 fatherโs job constituted a โtemporary absenceโ under UCCJEA for jurisdiction purposes. Child was…
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Sixth Circuit Holds No Constitutional Prohibition on State Limitations of Medical Treatments for Minors
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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…