Ky COA Issues Two To Be Published Family Law Decisions Today

Grant v. Lynn, grandparent visitation to parents of children’s deceased mother affirmed as in the best interest of the children, KRS 405.021 not unconstitutional as alleged and standards of appellate practice for pro se litigants.

Grant v. Lynn, grandparent visitation to parents of children’s deceased mother affirmed as in the best interest of the children, KRS 405.021 not unconstitutional as alleged and standards of appellate practice for pro se litigants.

Koerner v. Koerner, vacating order modifying Georgia child support order, as Ky lacked jurisdiction under UIFSA. “We now join those states that have concluded that under the UIFSA, the issuing state has continuing, exclusive jurisdiction over its child support order if the obligor or the obligee continues to reside in that state….We are cognizant that our decision results in bifurcated jurisdiction between Kentucky, which has jurisdiction over custody and visitation matters, and Georgia, which has jurisdiction over child support modification….Although arguably not a desired result, one state may retain jurisdiction to modify child support while another obtains subject matter jurisdiction over child custody and visitation.”
Digests to follow.

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Kentucky Court of Appeals affirms finding that Warren County Family Court properly found that a Power of Attorney for Temporary Delegation of Parental or Legal Custody and Care Pursuant to KRS 403.352 and KRS 403.353 does not require a family court to grant custody of a minor child to the parent’s named power of attorney when there is a finding of neglect of the parent – Published Opinion from Kentucky Court of Appeals
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