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Case Law – Kentucky
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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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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Lawson v. Woeste and Villarreal Questions Presented: Family Law. Writ of Prohibition. Uniform Child-Custody Jurisdiction and Enforcement Act. A circuit court’s decision that it continues to have jurisdiction over a child custody matter under the UCCJEA is an exercise of a court’s subject-matter jurisdiction. A circuit court’s determination that it has “exclusive, continuing jurisdiction” over...
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Satterfield v. Satterfield http://opinions.kycourts.net/coa/2019-CA-000011.pdf The parties were divorced in 1998, with the decree of dissolution of marriage requiring Husband to execute a Qualified Domestic Relations Order (“QDRO”) within 30 days of the date of entry of the decree. Husband did not execute the QDRO, of which Wife did not become aware until 20 years later,...
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Clark v. Workman http://opinions.kycourts.net/coa/2019-CA-000805.pdf Father appealed Family Court’s child support order requiring him to pay child support to Mother. The Kentucky Court of Appeals first admonished the bar for noncompliance with the Rules of Appellate Procedure, describing the pervasiveness of the problem, which is continuously on the rise. Because Father’s brief violated at least 11...
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D.L.B. v. Commonwealth http://opinions.kycourts.net/coa/2019-CA-001168.pdf Father appealed a finding that he physically abused his son. The caption of Father’s notice of appeal listed “In re: [D.L.B., IV, a minor child” and “Commonwealth of Kentucky, Cabinet for Health and Family Services” as Petitioners. The body of the notice of appeal named Father as the appellant and “the...
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Ridgeway v. Warren http://opinions.kycourts.net/coa/2019-CA-001207.pdf Mother moved Family Court to enter an order allowing her to enroll Child at a private school due to Child experiencing academic difficulties in her parochial school, to apply for financial aid, and asking that Father be required to assist in the financial aid application process. Father objected, citing concerns, such...
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B.S.S. v. K.S.   Child was born to Mother and Father while Mother and Father were married. Later, Mother and Father separated, and Mother petitioned for dissolution of marriage and moved for temporary sole custody of Child. In her motion, she alleged that Father was under investigation by the Cabinet for Health and Family Services...
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Power of Attorney
M. v. Allen County Attorney’s Office, et al.   Father appealed Family Court’s dispositional order in a Dependency, Neglect, and Abuse (“DNA”) matter. Father did not name the Cabinet for Health and Family Services (“the Cabinet”) as a party to the appeal. Father failed to respond to the Court of Appeals’ Order requiring him to...
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