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Family Court Abused its Discretion by Relying on Extrajudicial Statements from the Cabinet
Lankford v. Lankford No. 2023-CA-1174-ME Jefferson Circuit Court Opinion by Judge Jones Date Rendered: April 26, 2024 Father filed a Petition for Emergency Protective Order (“EPO”) on behalf of Child against Mother after Child disclosed to Father that Mother kicked Child down the stairs and observed bruising on Child. The Family Court issued an EPO…
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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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United States Court of Appeals for the Sixth Circuit Holds that Foster Parents Lack Liberty Interest in Relationship with Foster Children
Mikel v. Quin United States Court of Appeals for the Sixth Circuit Filed: January 19, 2023 Two foster children were removed from Foster Mother’s home after Foster Mother submitted adoption papers on allegations of emotional abuse. Foster Mother argued that the Department failed to give her notice or an opportunity to be heard before commencing…
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Kentucky Supreme Court Overturns Court of Appeal’s, Upholds Circuit Court’s Modification of Maintenance Based Upon Changed Circumstances and Award of Attorney Fees.
Mahl v. Mahl Case Nos. 2021-SC-0481-DG and 2021-SC-0487-DG Appeals from Jefferson Circuit Court Opinion by Bisig, Judge Date Rendered: April 27, 2023 Issue: Whether Substantial and Continuing Change in Circumstances existed Warranting Modification of Maintenance Award, and Whether Failure to Name Attorney as a Party to an Appeal of and Award of Attorney Fees could…
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Federal Law Prohibiting Individuals Subject to Domestic Violence Order from Receiving or Possessing Firearms Held Unconstitutional by U.S. District Court
United States v. Sherman Kelvin Combs U.S. District Court for the Eastern District of Kentucky Appeal filed on February 23, 2023 Family Court issued a Domestic Violence Order (“DVO”) against Combs after “a hearing of which he received actual notice” and “an opportunity to participate.” The DVO prohibited Combs from “harassing, stalking, or threatening an…
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