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Exposure to Marijuana Led to Finding of Neglect
Cabinet for Health and Family Services v. K.O. 2024-SC-0188-DGE Calloway Circuit Court Kentucky Supreme Court Opinion by Justice Keller Date Rendered: February 20, 2025 Issue: Whether the trial court relied on substantial evidence in holding a child was at risk of being harmed where the child was exposed to an illicit substance and the father…
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Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
Baum v. Aldava Case No. 2024-SC-0182-DGE Jefferson Family Court Opinion by Chief Justice Thompson Date Rendered: April 24, 2025 Issue: Whether Kentucky can exercise jurisdiction over non-residents within domestic violence actions. This case was previously before the Kentucky Supreme Court which held that Kentucky would follow the objective method in determining a child’s home state…
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Family Court Violated Father’s Express Due Process Rights under KRS 403.300(3) by Allowing Testimony and Admitting Friend of the Court Report After Prohibiting Father from Taking the Deposition of Children’s Therapist Prior to Hearing
Gansbeke v. Gansbeke No. 2023-CA-0942-MR Jefferson Family Court, Hon. Judge Ogden Opinion by Judge Acree Date Rendered: October 25, 2024 Family Court appointed a Friend of the Court (“FOC”) to investigate and make a report regarding the parties’ parenting time schedule, and Mother’s status as sole decision maker for the parties’ two children. Father moved…
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Nonparent Must Prove Unfitness or Waiver to Defeat Parent’s Superior Right to Custody
Appleman v. Gebell 2024-SC-0137-DGE Bracken Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issue: Whether mother waived superior right to custody. In 2016, shortly after birth, Child was placed with Paternal Relatives. In 2019, the Court entered a permanency order granting full custody to Paternal Relatives. In 2021, Mother…
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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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