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Family Court’s Order Granting Stepfather’s Petition to Adopt Stepson Vacated and Remanded for New Hearing due to Family Court’s Failure to Utilize the Constitutionally Mandated Clear and Convincing Standard.
W.H.J. v. J.N.W., J.A.W., and N.H.J., A Minor Child Case No. 2022-CA-1055-ME Warren Circuit Court, Family Court Division Decided by Caldwell, Dixon, and Eckerle, Judges Opinion by Caldwell, Judge Date Rendered: May 19, 2023 Issue: Whether Stepparent Adoption Could be Upheld Despite Family Court’s Failure to Utilize the Clear and Convincing Evidence Standard Mother and…
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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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Family Court Order Denying Interpersonal Protection Order (“IPO”) for Failure to Prove Stalking by a Preponderance of the Evidence Affirmed
Strong v. Gary Case No. 2022-CA-0219-ME Kenton Circuit Court Decided by Thompson, chief Judge, Easton and Karem Judges. Opinion by Karem, Judge Date Rendered: July 28, 2023 Issue: Whether the Family Court erred in dismissing an IPO Petition for failure to prove stalking by a preponderance of the evidence Strong filed a petition for an…
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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
