Adoption and Termination of Parental Rights, Published Opinion from Ky Court of Appeals

M.L.W. V. HEART TO HOME ADOPTION AGENCY, ET AL.

Mother consented to adoption of her three children. Father contested the termination of his parental rights and appealed arguing that the findings of fact were insufficient to terminate his rights. The trial court stated that termination was in the children’s best interest, but did not make any findings supporting its conclusion. Moreover, the GAL improperly provided testimony as opposed to representing the best interests of the children; the Cabinet was not included as a party to the proceeding as required by statute; and, the adoption placement agency made no efforts to return the children to Father. Therefore, the Court of Appeals vacated the trial court’s order and remanded the case for further proceedings.

Digested by Elizabeth M. Howell

Recent Posts

Kentucky Court of Appeals Affirms Barren Family Court Order Holding Cabinet in Contempt After it Fails to Return Child to North Dakota
March 27, 2023
Kentucky Court of Appeals reverses Marion Circuit Court, holds that tax credit for child goes to parent with higher adjusted gross income if parents are joint custodians with equal timesharing
March 27, 2023
Kentucky Court of Appeals reverses Allen Family Court, vacates IPO extension based on insufficient written findings to support evidence of stalking by Respondent
March 20, 2023