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Where Cabinet Place Child With Foster Parents, Foster Parents Lack DeFacto Custodian Standing - Published Opinion From Ky Court of Appeals

WELLS, ET AL. V. TOYE

Foster parents  appealed from a Circuit Court decision finding they lacked standing to qualify as de facto custodians. The Appellate Court affirms the Circuit Court holding that the rule set forth in Swiss applies in this case. Swiss v. Cabinet for Families and Children, 43 S.W.3d 796, 797 (Ky. App. 2001). Foster parents “may not use the de facto custodian statutes to challenge the cabinet’s custody of the child where the child was placed with the foster parents by the cabinet.”

Published Opinion from Ky Supreme Court - Same Sex Partner Permitted to Intervene In Step-Father Adoption Case

A. H. V. W.R.L. AND M.L.

“Questions Presented: Family Law. Custody. Same-Sex Relationship. Step-Parent Adoption. Intervention of Right. Trial court properly
allowed the child’s biological mother’s ex-partner, who allegedly co-parented the child for seven years and has a pending custody
petition, to intervene in the step-parent adoption case that would have declared mother’s husband to be the child’s second legal parent.”

Published Family Law Opinion from Ky Supreme Court - Settlement Agreement Not Incorporated in Divorce Decree

LINDA DAVIS V. KAREN DAVIS, ET AL.

“Questions Presented: Family Law. Marital Dissolution. Property Settlement Agreements. Whether a lack of reference to a filed property settlement agreement in a dissolution decree voids such an agreement.”

Published Family Law Opinion from Ky Court of Appeals: DVO, Parenting Time, Writs,and Transfer of DVO to Court Where Custody Action Pending

PATTERSON V. WINCHESTER

A DVO was entered by Fayette Family Court preventing father from exercising his parenting time as ordered by Whitley Circuit Court, the court with jurisdiction and venue over custody and visitation. Father filed a motion in the Whitley Court case requesting sole custody and for restoration of his visitation rights. Mother responded by filing an original action in the Court of Appeals asking for writs of prohibition pursuant to CR 76.36.

IRA Beneficiary Designation in Favor of Former Spouse: Ky Supreme Court Published Opinion

RUTH ANN SADLER V. BARBARA LOIS VAN BUSKIRK

Husband died many years after his divorce, but despite his remarriage, he had not removed his former wife as the beneficiary of his IRA. In the parties’ marital settlement agreement they had agreed to make “no claim upon any interest owned by the other, now or in the future” of their Individual Retirement Accounts.

Criminal Contempt for Violation of Statute and FCRPP and Standard of Review: Ky Supreme Court Published Opinion

CABINET FOR HEALTH AND FAMILY SERVICES V. J.M.G., ET AL.

In the midst of a lengthy dependency, neglect, and abuse, case the family court held CHFS in contempt for failure to file the required case progress report per KRS 620.240 and failure to immediately obtain a pretrial conference date per FCRPP 34(1).

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