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Cabinet Bears Burden of Evidentiary Proof
S.H. v. Cabinet 2024-CA-0617-MR Hardin Circuit Court Kentucky Court of Appeals Opinion by Judge Cetrulo Date Rendered: June 13, 2025 Mother had two medically fragile children. In 2017, while in Grandmother’s care, one ingested the other’s medication. The child received appropriate treatment after the accident. In 2018, the child accidentally ingested medication for a sibling…
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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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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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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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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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