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Hearing Required for School Change
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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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Termination of Mother with Diagnosis of Factitious Disorder by Proxy’s Parental Rights Affirmed
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T.P. v. Commonwealth No. 2024-CA-0402-ME Scott Family Court Opinion by Judge Cetrulo Date Rendered: August 30, 2024 Child was born in 2009, and no father was identified. Mother had been the subject of at least four investigations regarding Child, beginning when Child was just a few months old. In 2017, concerns arose that Mother was…
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Grandparents Volunteering Assistance Alongside Parents Are Not De Facto Custodians
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Rigdon v. England NO. 2023-CA-0984-MR Hardin Circuit Court Kentucky Court of Appeals Opinion by Judge Combs Date Rendered: July 12, 2024 Issues: Whether the legislative changes to aggregating time pursuant to the de facto custodianship statute, KRS 403.270, apply retroactively. Whether grandparents volunteering assistance qualify as de facto custodians. Paternal Grandparents filed a petition to…
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Separation of Powers Doctrine Requires Hoskins Hearing
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A.S. v. Commonwealth NO. 2024-CA-0245-ME Bullitt Family Court Opinion by Judge Easton Date Rendered: July 19, 2024 Issues: Whether the family court violated the separation of powers doctrine by refusing to dismiss charges against A.S. when requested by the prosecutor. Whether the family court erred in finding neglect against A.S. despite lack of supporting evidence.…
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Interested Persons with Proper Standing who File a DNA Action Are Accorded the Status of a Party-Plaintiff
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G.M.A. v. Commonwealth Case No. 2023-CA-0941-ME Gallatin Family Court Opinion by Judge Eckerle Date Rendered: May 3, 2024 Issue: Whether Interested Persons are entitled to status as parties to DNA proceedings. Paternal Grandparents filed a DNA Petition on behalf of their Grandchild alleging that Grandchild had been living with them since birth at the request…