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Family Court Abused its Discretion by Relying on Extrajudicial Statements from the Cabinet
Lankford v. Lankford No. 2023-CA-1174-ME Jefferson Circuit Court Opinion by Judge Jones Date Rendered: April 26, 2024 Father filed a Petition for Emergency Protective Order (“EPO”) on behalf of Child against Mother after Child disclosed to Father that Mother kicked Child down the stairs and observed bruising on Child. The Family Court issued an EPO…
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Court of Appeals Upholds Contested Stepparent Adoption
W.H.J. v. J.N.W., CHFS No. 2023-CA-1474-ME Warren Family Court Opinion by Judge Eckerle Date Rendered: September 27, 2024 Father contested adoption of child by Step-Father. When Father and Mother divorced, Family Court awarded Mother sole custody of Child and Ordered Father to undergo substance abuse and mental health assessments and to attend a parenting clinic.…
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Hearing Required for School Change
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
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
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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- 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
- Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
