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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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