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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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Hearing Required for School Change
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
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
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
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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Recent Post
- KRS 403.220 Preempts CR 69 Offer of Judgment Rule
- Grandparent Visitation Best Interest Analysis Relies on Walker Factors When Child Is with a Nonparent Custodian
- Client Review
- Custody Order Affirmed as Role of FOC is Advisory
- Family Court not Required to Set Aside an Enforceable Settlement Agreement Under CR 60.02, and to Appoint a GAL, Where the Incarcerated Person Has Elected to Proceed Without Counsel and Without Contest
