Published UCCJEA Opinion from Ky Court of Appeals Today

Danaher v. Hopkins

Trial court's denial of petition to register a foreign custody judgment was affirmed. A court must enforce a foreign judgment only when the issuing state had jurisdiciton under the UCCJEA. Because North Carolina did not have initial jurisdiciton it does not have exclusive continuing jurisdiction. 

Danaher v. Hopkins

Trial court's denial of petition to register a foreign custody judgment was affirmed. A court must enforce a foreign judgment only when the issuing state had jurisdiciton under the UCCJEA. Because North Carolina did not have initial jurisdiciton it does not have exclusive continuing jurisdiction. 

Trial court's finding that Kentucky is the home state of the child was affirmed. Reversal of a factual finding requires it to be clearly erroneous and not supported by substanial evidence which is not the case in this matter.

Father also appealed from a second order requiring a custody action to proceed before Warren Circuit Court. This was not a final  and appealable order as it did not adjudicate the rights of either party. Therefore the appeal of this order was dismissed.

 

 

Recent Posts

Kentucky Court of Appeals affirms Warren Family Court’s Order limiting natural father’s access to children’s educational records from school
October 25, 2022
Kentucky Court of Appeals affirms Boyd Circuit Court’s order terminating father’s parental rights pursuant to KRS 625.090
October 25, 2022
Kentucky Court of Appeals vacates Lewis County Family Court finding of abuse or neglect due to insufficient evidence to support finding
October 18, 2022