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Cabinet for Health and Family Services May Appeal from Order Requiring Public Funds for Expert Witness in Dependency, Neglect, and Abuse Cases; Family Court Affirmed in Granting Motion for Public Funds
Because the Cabinet needed to consult an expert before bringing its petition, the Court of Appeals found that it was fundamentally fair that the parents be able to hire an expert.
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Grandmother’s Motion to Intervene in Adoption Properly Denied
D.B. v. T.C.W. Case NO. 2022-CA-1281-ME MERCER CIRCUIT COURT Decided by ACREE, GOODWINE, AND LAMBERT, JUDGES Opinion by ACREE, JUDGE Date Rendered: September 1, 2023 Issue: Whether Grandmother’s Motion to Intervene in Grandchild’s adoption proceeding was erroneously denied. Parents were both incarcerated at birth of the minor child. Grandmother was unable to accept placement of…
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Unequal Property Division Not Supported by Substantial Evidence
Bradley v. Bradley NO. 2022-CA-0960-MR FLOYD FAMILY COURT Decided by CETRULO, ECKERLE, AND GOODWINE, JUDGES Opinion by CETRULO, JUDGE Date Rendered: September 8, 2023 Issue: Whether the Family Court erred in adopting husband’s tendered order. Issue: Whether a 60/40 division of a marital estate was equitable. After a trial on multiple property issues, the…
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The Ultimate Inquiry for Grandparent Visitation is Best Interest
…although there is a presumption in favor of the wishes of the parents, the ultimate inquiry is whether visitation is clearly in the children’s best interest
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Family Court Must Appoint Guardian ad Litem When Child Is Listed as Party in Domestic Violence Order Petition
The Court of Appeals remands the matter for additional proceedings as to the child holding that in DVO matters Smith “requires that a minor child who is listed as a party on the petition for protection is in need of an appointed guardian.”
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