As part of a dissolution of marriage with children or a custody case, the court will determine the custody arrangement that is in the best interest of the children. A child’s legal custodian makes decisions regarding the child’s education, health care, and religious training. The parent that the court determines should be the legal custodian...Read More

Even while married, couples can have difficulty navigating the holiday season. Grandparents, step-grandparents, aunts, uncles, cousins, and more all want face time during the holidays, especially when a little one is involved. A divorce or separation can add even more complications to the busy holiday season.Read More

Gonzalez v. Dooley Warren Circuit Court Before Wife petitioned for divorce, Husband and Child relocated to Kansas City, Kansas, where Husband’s parents lived. Wife contended that Husband did not consult her about the relocation but rather that Husband had sent her a text message that he was going to look for employment and would return...Read More

Carver v. Carver Boyd Circuit Court After a hearing on Father’s motion to modify custody from joint custody to sole custody, the Domestic Relations Commissioner (“DRC”) recommended that the parents continue to have joint custody; that Father be designated as the primary residential parent; and that Father make all decisions concerning Child’s medical and educational...Read More

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...Read More

Judges should be particularly vigilant in guarding against those opinions when the medical experts that appeared in the FOC’s report do not themselves testify.Read More

The first holiday season after a divorce or separation, and those thereafter, can often be a time of conflict, stress, and confusion. Many parents and children feel distressed that the family traditions that they practiced for years now feel unfamiliar. Despite this, it is possible for co-parents and their children to have a happy holiday...Read More

How do I make sure my children are staying “Healthy at Home” when they have two households? Due to the outbreak of the novel coronavirus (COVID-19), Governor Andy Beshear has declared a state of emergency in the state of Kentucky and issued Executive Orders that require Kentuckians to stay “healthy at home” and restrict out-of-state...Read More

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...Read More

The Kentucky Supreme Court has issued an order regarding parenting time and Covid-19. Administrative Order 2020-14 provides guidance to parties with custody and parenting time orders.Read More