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Cabinet Bears Burden of Evidentiary Proof
S.H. v. Cabinet 2024-CA-0617-MR Hardin Circuit Court Kentucky Court of Appeals Opinion by Judge Cetrulo Date Rendered: June 13, 2025 Mother had two medically fragile children. In 2017, while in Grandmother’s care, one ingested the other’s medication. The child received appropriate treatment after the accident. In 2018, the child accidentally ingested medication for a sibling…
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Incarceration Led to Termination of Parental Rights
S.S. v. A.L.B. 2024-CA-1121-ME Madison Circuit Court Kentucky Court of Appeals Opinion by Judge Eckerle Date Rendered: April 11, 2025 The trial court terminated Father’s parental right to his twin sons, born in 2017 while Mother was incarcerated in South Carolina. Father’s paternity was confirmed by genetic testing. The children were initially placed in foster…
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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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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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