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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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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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Hearing Required for School Change
Kutter v. Kutter No. 2023-CA-1091-MR Fayette Family Court Opinion by Judge Eckerle Dated Rendered: June 28, 2024 In this case, Father appeals a decision by the Fayette Family Court, which granted Mother the authority to make educational and religious decisions for their children, despite the terms of their separation agreement. The agreement had originally granted…
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Kentucky Court of Appeals Publishes Casey’s Law Case
Kentucky Court of Appeals Publishes Casey’s Law Case B.D.P. v. Commonwealth NO. 2022-CA-1123-DG Henderson Circuit Court Decided by Thompson, Chief Judge; Karem and McNeill Judges. Opinion by Karem, Judge Date Rendered: June 9, 2023 Issue: Whether Casey’s Law requires examination by a physician. Upon petition by Parents, District Court conducted a hearing, and upon testimony…
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Kentucky Supreme Court Holds Zoom Testimony Violated Defendant’s Sixth Amendment Right of Confrontation Afforded by the U.S. Constitution Without Showing of Necessity
Campbell v. Commonwealth Case No. 2021-SC-0479-MR Appeal from Adair Circuit Court Opinion by Conley, Judge Date Rendered: April 27, 2023 Issue: Whether Circuit Court Erred by allowing a witness to testify via zoom in violation of the Defendant’s Sixth Amendment Right to Confrontation. Circuit Court found Defendant guilty of violating a Domestic Violence Order and…
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