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Court Appoionted Psychologist Enjoys Quasi-Immunity, Ky Court of Appeals

J.S V. BERLA

While not a family court case, as an action against a court appointed psychologist, this case is important to family law practitioners.

Ky Court of Appeals Family Law Published Opinion 12/24/14; Termination of Parental Rights; Indian Child Welfare Act; Standard of Proof

E.S.L.C. v. Cabinet for Health and Family Services, et al

The mother appealed from a Family Court order terminating her parental rights. She argued that she was deprived of due process because she was not notified prior to the termination hearing that the family court would apply the KRS 625.090 clear and convincing evidence standard of proof, instead of the reasonable doubt standard required by the Indian Child Welfare Act. The child had Indian heritage, specifically the Lower Brule Sioux Tribe.

Ky Published Family Law Opinion from Court of Appeals Today

Lambe v. Weber

The Appellate Court first addresses maintenance, holding that income should not be imputed to a spouse when her underemployment is not voluntary. In this case, the child’s medical needs prevented the mother from working.

Published UCCJEA Opinion from Ky Court of Appeals Today

Danaher v. Hopkins

Trial court's denial of petition to register a foreign custody judgment was affirmed. A court must enforce a foreign judgment only when the issuing state had jurisdiciton under the UCCJEA. Because North Carolina did not have initial jurisdiciton it does not have exclusive continuing jurisdiction. 

Published Opinion from Ky Court of Appeals Today: Order requiring mother to have a passport issued for child affirmed

Benton v. Sottingeanu

An order requiring a parent to obtain a passpot for a child does not require specific findings of fact where no modification of parenting time is made. The court must consider the child's best interests. Federal law permits a court to order a passport where a joint custodian refuses consent. Court's order requiring mother to insure issuance of passport was affirmed.

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