Child custody order not set aside for falsified evidence after one year affirmed by Ky Court of Appeals in published opinion

Lady Justice

Carroll v. Carroll

On March 10, 2015, Trial court entered an order granting joint custody of Minor Child to the Child’s biological mother and the biological mother’s wife. The petition for joint custody stated that the biological father was unknown. In February 2018, Biological mother filed a motion pursuant to CR 60.02(d) to set aside the March 10, 2015 custody order alleging that both parties lied on the petition about the identity of the father being unknown. The Trial court denied the motion as untimely.

The Court of Appeals upheld the trial Court’s decision denying the CR 60.02 Motion as untimely. A CR 60.02 motion based on the claim of perjured or falsified evidence must be brought within one year of the entry of judgement. Additionally, Biological mother was aware of the identity of the Father at the time she made her statements in the pleadings and was thus able to assert these facts at the time the Custody Order was entered or within a reasonable time thereafter.

Digested by: Emily T. Cecconi

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