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Kentucky Court of Appeals Grants Writ of Prohibition and Stays Jefferson County Family Court DNA Action Pending Breckenridge County Ruling on Custody and Adoption Petitions
H.H., ET AL. v. HONORABLE LORI GOODWIN, JUDGE, JEFFERSON FAMILY COURT, ET AL. Case No. 2022-CA-1023-OA Original Action arising from Jefferson Family Court Decided by Dixon, Lambert, and Maze, Judges Opinion by Maze, Judge Date Rendered: December 2, 2022 Issue: Whether Family Court Erred and Writ of Prohibition Should be Issued Minor child was born…
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Family Court Order Did Not Err in Finding Custody Agreement Giving Mother Final Decision-Making Authority over Educational and Medical Decisions Requires Mother’s Decisions to be Reasonable and not Prejudicial to Father’s Rights as Joint Custodian.
Swan v. Gatewood Case No. 2022-CA-0202-MR Fayette Family Court Decided by Combs, Easton, and Eckerle Judges. Opinion by Eckerle, Judge Date Rendered: June 9, 2023 Issue: Whether Mother’s Final Decision-Making Authority Regarding Educational and Medical Decisions is Subject to Judicial Review for Reasonableness. Mother and Father disagreed about where to send minor Child to kindergarten.…
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The Ultimate Inquiry for Grandparent Visitation is Best Interest
…although there is a presumption in favor of the wishes of the parents, the ultimate inquiry is whether visitation is clearly in the children’s best interest
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Family Court Must Appoint Guardian ad Litem When Child Is Listed as Party in Domestic Violence Order Petition
The Court of Appeals remands the matter for additional proceedings as to the child holding that in DVO matters Smith “requires that a minor child who is listed as a party on the petition for protection is in need of an appointed guardian.”
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Family Court Has No Custody Modification Jurisdiction When Parents and Child Do Not Reside in State; Custody Forum-Selection Clause Is Not Binding on Family Court
Day v. Day Case No. 2022-CA-1250-MR McCracken Family Court Decided by J. Susanne M. Cetrulo, J. Audra Jean Eckerle, and J. Pamela R. Goodwine Opinion by J. Susanne M. Cetrulo Date Rendered: August 4, 2023 Issue: Whether a Kentucky court has jurisdiction to modify custody or parenting time pursuant to the Uniform Child Custody Jurisdiction…
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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
