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Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
Allgeier v. Wagner 2024-CA-0496 Jefferson Circuit Court Kentucky Court of Appeals Opinion by Judge Combs Date Rendered: January 17, 2025 Former Wife filed civil suit against Former Husband for indemnification from a tax obligation which arose out of funds misappropriated by Former Husband, willful interference with her custody of the parties’ children, and the tort…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the father’s job constituted a “temporary absence” under UCCJEA for jurisdiction purposes. Child was…
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Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”), but Evidence was Insufficient to Support Extension of the Protective Order
Christina Holt Taylor v. Leigh-Ann Fitzpatrick Case No. 2022-CA-0946-ME Allen Family Court Decided by Cetrulo, Dixon, and Taylor, Judges Opinion by Cetrulo, Judge Date Rendered: January 13, 2023 Issue: Whether Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”) and Whether Family Court’s Order Extending IPO was Supported by Sufficient Evidence Family court entered…
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Family Court Has No Custody Modification Jurisdiction When Parents and Child Do Not Reside in State; Custody Forum-Selection Clause Is Not Binding on Family Court
Day v. Day Case No. 2022-CA-1250-MR McCracken Family Court Decided by J. Susanne M. Cetrulo, J. Audra Jean Eckerle, and J. Pamela R. Goodwine Opinion by J. Susanne M. Cetrulo Date Rendered: August 4, 2023 Issue: Whether a Kentucky court has jurisdiction to modify custody or parenting time pursuant to the Uniform Child Custody Jurisdiction…
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What is Jurisdiction?
If you are considering consulting a lawyer about a divorce or custody action, you might come across the term jurisdiction. Jurisdiction is a term lawyers use on a regular basis that may not be familiar to a layperson. Black’s Law Dictionary defines jurisdiction as “The power and authority constitutionally conferred upon (or constitutionally recognized as…
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Recent Post
- Court of Appeals Affirms Family Court’s Imposition of CR 37.02 Discovery Sanctions
- 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
