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Separation of Powers Doctrine Requires Hoskins Hearing
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
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…
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Attorney Sanctioned for Not Following RAP
J.P.T. v. Commonwealth of Kentucky, Cabinet for Health and Family Services Case No. 2023-CA-0218 Boone Circuit Court Opinion by Judge Acree Date Rendered: May 3, 2024 Mother and Father were undergoing a divorce when the underlying DNA petition was initiated. They shared custody of their children by an agreed order and were prohibited from committing…
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Courts Must Inquire as to Indigency in Stepparent Adoptions
R.V.K.H. v. S.M.S. Case No. 2023-CA-0136-ME Graves Circuit Court Decided by Acree, Dixon, And McNeill, Judges. Opinion by Dixon, Judge Date Rendered: October 27, 2023 Issue: Whether the UCCJEA applies in adoption proceedings. Issue: Whether KRS 199.502(3) requires courts to conduct an inquiry of indigency when biological parents appear pro se in adoption proceedings. Child…
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Biological Father Entitled to Intervene in Dissolution of Marriage and Obtain Relief Under CR 60.02
Wood v. Critz NO. 2021-CA-0902-MR Simpson Family Court Decided by Clayton, Chief Judge; Cetrulo, and K. Thompson, Judges Opinion by Thompson, K., Judge Date Rendered: January 6, 2023 Issue: Whether biological father could intervene in a dissolution action post-judgment. In 2015, Mother became pregnant by Biological Father while married to Husband and child was…
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