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In 2012, the Supreme Court of the United States limited third-party (often grandparent) visitation rights in Troxel v. Granville: A majority of the Court agreed that under the Due Process Clause of the Fourteenth Amendment, parents have a fundamental liberty interest in the care, custody, and control of their children. And a majority concurred that...
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Family having fun with their pet
In Kentucky, child support is calculated using the statutory guidelines provided in KRS 403.212. These guidelines take into account the monthly gross income of both parents and the number of children requiring support. The base child support obligation is divided between each parent in proportion to their respective incomes. Unfortunately, the child support guidelines were...
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The Court of Appeals held that the maintenance obligation ceasing once Wife “is of the age to receive Social Security” is arbitrary, because there was no evidence submitted regarding when that would occur or how much Wife would be eligible to receive.
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KRS 405.021(1)(b) and (c) of Kentucky’s grandparent visitation statute is violative of due process on its face because it permits a grandparent to prove a significant and viable relationship by a preponderance of the evidence rather than the clear and convincing standard required under Walker v. Blair. The statute also fails to accord the parent’s...
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Spanish male and female enjoying early morning kayaking
One question that frequently arises in the context of divorce is whether one spouse may claim rights to another spouse’s inheritance that was acquired either before or during the marriage. At divorce, property is classified as either marital or nonmarital. Nonmarital property is restored to each spouse as his or her separate property and marital...
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Parish v. Petter  Fayette Circuit Court After a banquet for a business fraternity to which Nathaniel Parish (“Parish”) and Kaitlynn Patrice Petter (“Petter”) belonged, Parish and Petter attended an after-party at an apartment complex. Petter then invited some people from the after-party to her home. At Petter’s home, she went into a room to retrieve...
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Man signing contract, black man hand putting signature on official document, biracial clients customers couple make purchase or sign prenuptial agreement concept
Mediation is the most common form of alternative dispute resolution (ADR) in Kentucky. In fact, many Judges in divorce and family law matters will require mediation before setting a final hearing or trial date. So, what is mediation? The American Bar Association describes mediation as “a private process where a neutral third person called a...
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If you divorce your spouse, the parent that the court determines should be the legal custodian will generally have the authority to make medical decisions for your child.
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Senior man sitting alone in his home
It is not uncommon to worry that your partner might begin hiding assets, or even “innocuously” misplacing or moving assets, during the divorce process. You should always bring this concern up to your attorney.
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