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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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Sixth Circuit Holds No Constitutional Prohibition on State Limitations of Medical Treatments for Minors
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…
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Biological Father Entitled to Intervene in Dissolution of Marriage and Obtain Relief Under CR 60.02
Wood v. Critz NO. 2021-CA-0902-MR Simpson Family Court Decided by Clayton, Chief Judge; Cetrulo, and K. Thompson, Judges Opinion by Thompson, K., Judge Date Rendered: January 6, 2023 Issue: Whether biological father could intervene in a dissolution action post-judgment. In 2015, Mother became pregnant by Biological Father while married to Husband and child was…
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Family Court decision Restricting Father’s Parenting Time without a Finding of Serious Endangerment Vacated and Remanded
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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- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
- United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
- Supreme Court Strictly Enforces Rules of Appellate Procedure
- 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
- Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
