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Exposure to Marijuana Led to Finding of Neglect
Cabinet for Health and Family Services v. K.O. 2024-SC-0188-DGE Calloway Circuit Court Kentucky Supreme Court Opinion by Justice Keller Date Rendered: February 20, 2025 Issue: Whether the trial court relied on substantial evidence in holding a child was at risk of being harmed where the child was exposed to an illicit substance and the father…
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Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
Baum v. Aldava Case No. 2024-SC-0182-DGE Jefferson Family Court Opinion by Chief Justice Thompson Date Rendered: April 24, 2025 Issue: Whether Kentucky can exercise jurisdiction over non-residents within domestic violence actions. This case was previously before the Kentucky Supreme Court which held that Kentucky would follow the objective method in determining a child’s home state…
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Supreme Court Strictly Enforces Rules of Appellate Procedure
Saturday v. Commonwealth 2024-CA-0268 Fayette Circuit Court Kentucky Supreme Court Opinion by Justice Vanmeter Date Rendered: December 19, 2024 Pro Se Appellant filed an “untimely” motion for discretionary review of a Circuit Court’s guardianship order, with the Court of Appeals. The Court of Appeals denied Appellant’s Motion and dismissed the case. Appellant posted the motion…
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Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
Bruenger v. Miller 2023-SC-0156-DG Jefferson Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issues: Whether order lacking CR 54.02 finality language is final when all issues are resolved. Whether the Court of Appeals can sanction litigants without notice or a hearing. Bruenger (ex-wife of deceased) and Miller (daughter…
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Nonparent Must Prove Unfitness or Waiver to Defeat Parent’s Superior Right to Custody
Appleman v. Gebell 2024-SC-0137-DGE Bracken Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issue: Whether mother waived superior right to custody. In 2016, shortly after birth, Child was placed with Paternal Relatives. In 2019, the Court entered a permanency order granting full custody to Paternal Relatives. In 2021, Mother…
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