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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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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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