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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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Court of Appeals Upholds Contested Stepparent Adoption
W.H.J. v. J.N.W., CHFS No. 2023-CA-1474-ME Warren Family Court Opinion by Judge Eckerle Date Rendered: September 27, 2024 Father contested adoption of child by Step-Father. When Father and Mother divorced, Family Court awarded Mother sole custody of Child and Ordered Father to undergo substance abuse and mental health assessments and to attend a parenting clinic.…
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Termination of Mother with Diagnosis of Factitious Disorder by Proxy’s Parental Rights Affirmed
T.P. v. Commonwealth No. 2024-CA-0402-ME Scott Family Court Opinion by Judge Cetrulo Date Rendered: August 30, 2024 Child was born in 2009, and no father was identified. Mother had been the subject of at least four investigations regarding Child, beginning when Child was just a few months old. In 2017, concerns arose that Mother was…
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Separation of Powers Doctrine Requires Hoskins Hearing
A.S. v. Commonwealth NO. 2024-CA-0245-ME Bullitt Family Court Opinion by Judge Easton Date Rendered: July 19, 2024 Issues: Whether the family court violated the separation of powers doctrine by refusing to dismiss charges against A.S. when requested by the prosecutor. Whether the family court erred in finding neglect against A.S. despite lack of supporting evidence.…
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State Employees Entitled to Qualified Immunity Where Parent Gives Explicit Consent to Removal of Children
Bambach v. Moegle No. 23-1372 Six Circuit Opinion by Judge McKeague Date Rendered: February 8, 2024 Issue: Whether social worker and supervisor employed by state Children Protective Services can assert qualified immunity as a defense to constitutional violations when removing children from parental custody pending investigation. Father and Mother divorced in 2013. In 2015, Mother…
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- KRS 403.220 Preempts CR 69 Offer of Judgment Rule
- Grandparent Visitation Best Interest Analysis Relies on Walker Factors When Child Is with a Nonparent Custodian
- Client Review
- Custody Order Affirmed as Role of FOC is Advisory
- Family Court not Required to Set Aside an Enforceable Settlement Agreement Under CR 60.02, and to Appoint a GAL, Where the Incarcerated Person Has Elected to Proceed Without Counsel and Without Contest
