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Foundational Law: Grandparent Visitation and Due Process
We are honored to be regularly invited by the Louisville Bar Association to give the Annual Domestic Relations Case Law Update. Each year, we are asked about the most important case of the year. In this series, we look back at the cases we have cited as “the most important.” If you are more interested…
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Grandparent May Waive Standing if Not Timely Raised
Whitley v. Shelton 2024-CA-0860-MR Grayson Circuit Court Kentucky Court of Appeals Opinion by Judge Cetrulo Date Rendered: May 16, 2025 In late 2022, Mother was killed in a car accident. Her daughter, Child, survived the crash, which occurred while Father was driving. Just days after the accident, Father signed an agreement waiving his superior custodial…
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Errors in Grandparent Visitation Dispute
White v. Fowler Case No. 2024-CA-0322-MR Jefferson Family Court Opinion by Judge Karem Date Rendered: May 2, 2025 Issues: Whether (1) Family Court erred by allowing the previously appointed FOC to act as legal counsel for one parent, (2) the Family Court Judge erred by failing to recuse, and (3) the Family Court erred by…
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Grandparent Visitation Best Interest Analysis Relies on Walker Factors When Child Is with a Nonparent Custodian
Watkins v. Watkins NO. 2022-CA-1472-MR Fayette Circuit Court Kentucky Court of Appeals Opinion by Judge Acree Date Rendered: September 6, 2024 Issue: What is the appropriate best interest standard for grandparent visitation when child is living with a nonparent custodian. Biological Parents lost custody, and Child was placed with Great Aunt. Grandmother petitioned the Family…
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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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