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Published Child Relocation Opinion from Ky Court of Appeals

AGNICH V. TYLER

 

Same-sex parents, after separation, had joint custody and an agreed parenting-time schedule for their two minor children, twins with autism. Appellee moved the trial court to allow her to move from Lexington, Kentucky to St. Joseph, Missouri area. The court granted her motion allowing relocation finding Missouri had better services for autistic children.

 

Where no appeal was taken from a final order dismissing third parties, court lost jurisdiction and later order adding them void

ETSCORN V. ESTCORN, ET AL.

 

Wife believed Husband transferred marital property to his sons to deprive her of the marital estate. Wife filed an amended Petition in an attempt to join the sons and business to the dissolution action. The sons and the business moved to be dismissed. The trial court dismissed and state it was “final and appealable with no just cause for delay.” Wife filed a motion to alter, amend, or vacate, which was denied.

 

Important published opinion from Ky Supreme Court today on attributing a portion of children's expenses to maintenance recipient

JUDE WEBER V. THOMAS FRANCIS LAMBE

The trial court awarded maintenance based on its finding that Wife’s reasonable living expenses totaled $5,800 monthly, including $1,440 of the children’s living expenses. Accordingly, Husband was ordered to pay maintenance. Husband was also ordered to pay an additional $15,000 for wife’s attorney fees based on an imbalance in financial resources.

 

Ky Court of Appeals Published Opinion - Judgement Denying Diminuition of Value Affirmed

 

HARVEY V. ROBINSON

 

Wife and Husband’s divorce was finalized in 2002 at which time Wife was awarded the marital home and property valued at $856,000. At that time, Husband was ordered to return the landscape around the home to an appropriate residential landscape, as he had business equipment on the property. There is no dispute that Husband removed his business equipment.

Grandparent Visitation - Ky Court of Appeals Published Decision

NEIN V. COLUMBIA, ET AL.

 

Grandparents had frequent contact with grandson, acting as his primary caregiver until Mother slowly cut off their time with grandson completely. Grandparents filed a Petition for Grandparent Visitation and the trial court awarded them grandparent’s visitation rights.

 

Child Custody - Published Opinion from Ky Court of Appeals

VARNEY V. BINGHAM

Unmarried Father and Mother were involved in a long, contentious custody proceeding. Ultimately, Father was awarded sole custody of the child. In supporting its decision, the Trial Court cited Mother’s past drug use and criminal history as “evidence of a weak mental condition that could negatively affect her ability to parent.” Mother appealed.

 

Aunt not a defacto custodian where she was paid for services - Published opinion from Ky Court of Appeals

JONES V. JONES, ET AL.

The Trial Court held that Aunt met the standards for a de facto custodian and awarded joint custody to Father and Aunt, imposing a child support obligation against Father without consideration of Aunt’s income and requiring Father to pay a portion of Aunt’s attorney’s fees. Father appealed as to custody, attorney fees, and child support.

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