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Case Law – Kentucky
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...
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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...
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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...
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Normandin v. Normandin Oldham Circuit Court Original Digest The Kentucky Supreme Court modified its December 17, 2020 Opinion to allow the parties to offer evidence to rebut the presumption that the marital portion of each RSU allotment would be the proportion of time in each three-year vesting period that was marital and the proportion in...
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Com., Cabinet for Health & Fam. Servs. v. K.T. Bullitt Family Court After the Cabinet for Health and Family Services (“the Cabinet”) was granted temporary custody of the Children in a dependency, neglect, and abuse (“DNA”) action, the Cabinet placed the Children with their paternal aunt. The aunt later notified the Cabinet that the Children...
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Lady Justice
R.M. v. Cabinet for Health and Fam. Servs., Com. Harrison Circuit Court Questions Presented: Termination of Parental Rights. Best Interests of the Child. Reasonable Efforts. Substantial evidence in the case supported trial court judge’s decision to terminate parental rights despite acknowledged cultural barriers and the children’s express wishes to return to their parents. Children were...
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A.G. v. Cabinet for Health & Fam. Servs., Com. Jefferson Circuit Court Questions Presented: Interstate Compact for The Placement of Children (ICPC). KRS 615.030. Opinion of the Court reversing the Court of Appeals and vacating the judgment of the Jefferson Family Court terminating the parental rights of A.G. to his minor son. Court held that...
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T.R.F. v. D.A.H. Jefferson Circuit Court Biological Father and Mother were in a relationship for approximately ten years but never married. They had two children. The relationship was tumultuous, as Biological Father abused alcohol and was often intoxicated, during which time he was often abusive to Mother, which the Children witnessed. In a custody case...
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Iqtaifan v. Hagerty Jefferson Circuit Court Questions Presented: Family Law. Foreign Judgments. Writ of Mandamus. Opinion of the Court affirming the Court of Appeals’ denial of a writ of mandamus against family court judge for failure to dismiss a petition for dissolution of marriage on grounds that the parties were already divorced under the laws...
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Statue of Justice with scales in lawyer office. Legal law, advice and justice concept
S.S. v. Cabinet for Health and Fam. Servs., Com. Ohio Family Court After giving birth to Child, Mother suffered many medical issues, which prevented her from providing the level of care she wanted to give Child, leaving the care mostly to Father. Child was suffering from diarrhea and vomiting, prompting Mother to call the pediatrician....
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