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B.C. v. B.T. and K.F., Joint Custodians of N.C., 182 SW3d 213, (Ky.App., 2005)

B.C. v. B.T. and K.F., Joint Custodians of N.C.,
182 SW3d 213, (Ky.App., 2005)
Appeal to Court of Appeals proper since Circuit had a
Family Court. Evidence was sufficient to establish father as
unfit, although such finding was unnecessary as grandmother
was found to be a de facto custodian and, thus, had equal
footing with father and the Court need only consider the
best interest of the child in making permanent custody award.

More on RSS feeds from Ben Cowgill

Today on Ben Cowgill’s SoloBlawg he links to a nice tutorial on RSS feeds. FeedDemon is easy, and I also recommend it. When you subscribe to RSS feeds, you can check all your favorite news and blog updates at leisure, and all in one place. Set up a news aggregator such as FeedDemon, then link to our RSS feed by simply following the orange button in the middle of the right sidebar.

Clark v. Com., Cabinet for Health and Family Services, 170 SW3d 426 (Ky.App., 2005)

Clark v. Com., Cabinet for Health and Family Services,
170 SW3d 426 (Ky.App., 2005)
Premature notice of appeal from an intermediate order may
proceed even though a second notice of appeal was not filed
from the final order.

Thorn v. Commonwealth of Kentucky and Shirley Robinson, 181 SW3d 560 (Ky.App., 2005)

Thorn v. Commonwealth of Kentucky and Shirley Robinson,
181 SW3d 560 (Ky.App., 2005)
Appeals from Family Court are to be taken to Court of Appeals.

Appeals from Family Court are to be taken to Court of Appeals. KRS 620.155 is
intended for use in counties that do not have a family court. When two statutes are in conflict, they are to be construed to give meaning to both.

Fowler v. Sowers, 151 SW3d 357 (Ky.App., 2004)

Fowler v. Sowers, 151 SW3d 357 (Ky.App., 2004)
Although Fenwick was decided after the 2001 changes
to KRS 403.340, the Court acknowledged its decision was
based on the older version because that version was in effect
at the time of the entry of the order under review. A contemplated
move to Alaska three years after a divorce is a change in
circumstances contemplated by KRS 403.340.A trial court should
conduct a full evidentiary hearing on the motion weighing all the
factors now encompassed by KRS 403.340.

Calendar Tool for Children's Activites

Thanks to Rob Robertson of Austin, TX for his ABA Family Law listserve posting suggesting the use of a new beta google calendaring utility in which parents can share a calendar for each child's activites. The more parents can share information about their children, the better. And, when it is just too difficult to communicate with the other parent, perhaps tech tools like this can help.

KCFN: New 2006-2007 officers

The Kentucky Collaborative Family Network, Inc. (KCFN) elected its new officers for 2006-2007. Steven Kriegshaber of Conliffe, Sullivan and Sandmann will succeed Patricia Bennett of Smith Barney as President. Allison Johnson, LCSW was elected Vice President and John Walsh and Sandra G. Ragland were re-elected Treasurer and Secretary.

Value of Homemaker Services

Bonnie Brown, a Louisville attorney, AAML fellow and KCFN member, sent this article from the May 3, 2006  Boston Globe quantifying the value of homemaker services. While divorce does not directly provide a vehicle for compensating such services, we remind each other from time to time of a case where she made this argument as part of a spousal support claim.

Great Gathering of KY Blawgers

It was my great pleasure to host most of the other lawyers in KY with blogs for an evening of lively discussion. Mike Stevens, after noting that he had to be dragged out the door, said in a nice note, "Again, you do not know how much the warmth and fellowship was appreciated. This is the way law used to be practiced and it is in dire need of it now, else it will no longer be a profession and just a trade." Funny how high tech can bring out the old aspirations. Musing, long ago Justice Charles Leibson penned a handwritten note to me (which I treasure to this day) following an article in the newpaper in the early 1980's. It started, "What a joy to behold a kindred spirit." Well, I don't know what Charlie would say about the bloggers (well, maybe we all do, but we won't go there), but it was wonderful being with kindred spirits as we follow this path to who knows where.

BenCowgill (Ben Cowgill on Legal Ethics and SoloBlawg (be sure to check out Ben's national Blawg Review this week on his SoloBlawg site, which is incredibly well done) Mike Stevens (Kentucky Law Blog, Kentucky Cases and Louiville Law Wire), David Hoskins (Kentucky Employment Law) and Ed Brutscher (Kentucky Tort and Inurance Law) were there as was Michelle Eisenmenger Mapes. Mike has said he'd love to do it again at his place, but I think his wife, Diane, ought to have some say about this.

Divorce Lawyer Shopping- Dirty Tricks

We occasiionally see clients consulting divorce lawyers for the purpose of creating a conflict and thus limiting a spouse's choice of attorneys. That's one of the reasons we do not talk with prospective clients until we meet and why we charge our usual fee for an initial consultation. Apparently New Jersey has decided that a lawyer advising a client to create such conflicts of interest is unethical. Makes good sense. Here's Charlie Abut's article from his New Jersey Divorce Blog:

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