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April 25, 2006
Michael Stevens was very kind to announce the presence of this blog in his KentuckyLawBlog today. The good news is you’re reading it. The bad news is that you will see the learning curve in progress as we improve it.
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Allen v. Devine, 178 SW3d 517 (Ky.App., 2005) Once a finding is made that persons are de facto custodians, they then are on equal footing and court must then determine best interest. Blood relationship is but one of many factors for the trial court to consider.
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Crossfield v. Crossfield, 155 SW3d 743 (Ky.App., 2005) Change of residential parent within two years of custody decree requires supporting affidavits and finding of endangerment or placement with de facto custodian.
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Gullion v. Gullion, 163 SW3d 888 (Ky., 2005) Affidavits are not required for CR 59 motions. Upon remand the trial court is directed to consider only evidence in existence at the time of trial. A custody modification cannot be requested until there is a final custody order to modify.
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The Family Law Professor’s Blog, edited by Robert E. Oliphant, Nancy Ver Steegh, and Barbara Glesnor Fines is a great resource and service to those of us who love this area of the law. There’s also a link on our “Other Family Law Blogs.” Check them out, and subscribe to the RSS feed for your...
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