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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
Gansbeke v. Gansbeke No. 2023-CA-0942-MR Jefferson Family Court, Hon. Judge Ogden Opinion by Judge Acree Date Rendered: October 25, 2024 Family Court appointed a Friend of the Court (“FOC”) to investigate and make a report regarding the parties’ parenting time schedule, and Mother’s status as sole decision maker for the parties’ two children. Father moved…
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Grandparent Visitation Best Interest Analysis Relies on Walker Factors When Child Is with a Nonparent Custodian
Watkins v. Watkins NO. 2022-CA-1472-MR Fayette Circuit Court Kentucky Court of Appeals Opinion by Judge Acree Date Rendered: September 6, 2024 Issue: What is the appropriate best interest standard for grandparent visitation when child is living with a nonparent custodian. Biological Parents lost custody, and Child was placed with Great Aunt. Grandmother petitioned the Family…
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Custody Order Affirmed as Role of FOC is Advisory
Bentley v. Etherton 2023-CA-0560-MR Kentucky Court of Appeals Bullitt Circuit Court Opinion by Judge Acree Date Rendered: October 18, 2024 On December 10, 2017, Mother fatally shot Father and later pled guilty to murder, leaving their Child at the center of legal disputes. Before her incarceration, Mother signed a medical power of attorney granting Great-Aunt…
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Mullins v. Picklesimer Does Not Require Agreement to Support a Finding of Partial Waiver of Superior Right to Custody
Link v. Link No. 2023-CA-1073-ME Meade Circuit Court Opinion by Judge Karem Date Rendered: July 12, 2024 Child’s biological paternity was never established. Biological Mother and Mother’s husband, Father, raised child to believe Father was child’s biological father. Child called Father “dad,” Mother changed Child’s surname to Father’s surname, Father was a stay-at-home dad, and…
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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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- Court of Appeals Affirms Family Court’s Imposition of CR 37.02 Discovery Sanctions
- 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