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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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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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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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