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Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
Baum v. Aldava Case No. 2024-SC-0182-DGE Jefferson Family Court Opinion by Chief Justice Thompson Date Rendered: April 24, 2025 Issue: Whether Kentucky can exercise jurisdiction over non-residents within domestic violence actions. This case was previously before the Kentucky Supreme Court which held that Kentucky would follow the objective method in determining a child’s home state…
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Family Court May Consider Coercive Control in DVO Analysis
Hogle v. Hogle 2024-CA-0731-ME Kentucky Court of Appeals Opinion by Judge McNeill Date Rendered: February 21, 2025 Issue: Whether coercive control can be considered although the words “coercive control” do not appear in the Kentucky domestic violence statute. Husband flipped over sofa while child was laying on it injuring Wife. Wife initiated a divorce proceeding…
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Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
Bruenger v. Miller 2023-SC-0156-DG Jefferson Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issues: Whether order lacking CR 54.02 finality language is final when all issues are resolved. Whether the Court of Appeals can sanction litigants without notice or a hearing. Bruenger (ex-wife of deceased) and Miller (daughter…
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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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KRS 403.220 Preempts CR 69 Offer of Judgment Rule
Picard v. Knight 2023-SC-0043-DG Pulaski Circuit Court Kentucky Supreme Court Opinion by Justice Thompson Date Rendered: October 24, 2024 Issue: Whether an offer of judgment pursuant to CR 68 is permissible in a family law matter. Mother and Father litigated multiple issues including child support related to a shared child. Subsequent to a hearing and…
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