Category

Blog
Baby Feet
Kentucky’s custody and parenting time statue does not favor a mother over a father. Instead, Kentucky courts apply a best interest standard to determine a parenting time schedule that is in the best interest of the child. There is a rebuttable presumption that equal parenting time is in the child’s best interest. While a father’s...
Read More
It is not uncommon for married couples to hold title to assets in the name of only one spouse. Most often, couples will hold a joint savings or checking account and also have separate banking, investment, and retirement accounts. In Kentucky, all assets acquired during the marriage are presumed to be marital property and subject...
Read More
Gambrel v. Croushore ex rel. Villarreal Campbell Circuit Court The issue in this case was whether court-appointed guardians ad litem (“G.A.L.”) enjoy absolute quasi-judicial immunity from malpractice claims arising from their role in child custody proceedings. Absolute immunity against suits for money damages has been extended to non-judicial officers performing quasi-judicial duties. Kentucky extends quasi-judicial...
Read More
MEMORANDUM Moore v. Moore Whitley Circuit Court Questions Presented: KRS 403.340(3). Modification of Visitation. Best Interests of the Children. Risk of Harm. The “Law of this Case” Doctrine. The issue here is whether the trial court erred in failing to make a specific written finding that it was in the best interests of the Movant’s...
Read More
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), KRS 403.800 et seq., has provisions which permit nonparents to petition a court for custody. KRS 403.822 permits a “person acting as a parent” to petition a court for custody. Mullins v. Picklesimer, 317 S.W.3d 569, 575 (Ky. 2010). A “person acting as a parent” is...
Read More
Clock
A common question those considering divorce in Kentucky ask is regarding time frame. How long will it take me to get a divorce? Each case has a different timeline depending on the assets involved, number of legal issues, and a whole variety of other factors. It is unlikely your divorce will have a definite conclusion...
Read More
Unlike property that was earned during the marriage, there is no presumption that debt incurred during the marriage is marital debt. Neidlinger v. Neidlinger, 52 S.W.3d 513, 523 (Ky. 2001). See also KRS 403.190. There is also no presumption that debts must be divided equally or in the same proportions as marital property but rather...
Read More
Cabinet for Health & Fam. Servs., Com. v. H.L.O. Letcher Circuit Court Questions Presented: Termination of Parental Rights. Calculation of Time Spent in Out-of-Home Care. Reviewing the Court of Appeals’ reversal of the trial court’s judgment terminating parental rights, the Court finds there was substantial evidence in the record to support the trial court’s findings...
Read More
An Emergency Protective Order (EPO) is a temporary order of protection from domestic violence and abuse. An EPO can be issued without a hearing or notice to the other party. A judge who receives a petition for an EPO must determine whether there is an “immediate and present danger” of domestic violence and abuse. Once...
Read More
1 2 3 165