Swan v. Gatewood Mother and Father were never married but shared one (1) child in common. Pursuant to the Parties’ mediated Agreement (“the Agreement”), the Parties were to share joint custody of their minor child and jointly make all decisions related to their child’s education, medical, and religious upbringing. The Agreement also granted Mother final...Read More
Modification of parenting time is governed by Kentucky Revised Statute (hereinafter “KRS”) 403.320. It is well settled Kentucky law that visitation should not be entirely denied without a finding that visitation would result in serious endangerment of the child.Read More
The Court of Appeals found that the Family Court “failed to state that its conclusions were made pursuant to the clear and convincing evidence standard.”Read More
Jason Wood v. Michelle Ann Critz and Brain Strain, No. 2021-CA-0902-MR Simpson County Circuit Court Husband and Wife married in 2011 and three children were born during their marriage. The youngest was S.W. Wife was having an affair with Boyfriend when she became pregnant with S.W. and told Boyfriend that he could be the father...Read More
Robert Andrew Sharp v. Robbin Nelson; Heather Anne Sharp; and Warren County Public Schools, Case No. 2021-CA-1005-MR Natural mother and father went through a divorce proceeding in 2014, and paternal grandmother petitioned for custody of the parties’ two minor children. The family court granted grandmother’s petition, only to find that grandmother made fraudulent statements at...Read More
J.B-K, minor child 1, by Next Friend E.B., et al., v. CHFS and DCBS U.S. Court of Appeals for the Sixth Circuit A group of foster caregivers brought a class action lawsuit on behalf of themselves and foster care children against the Cabinet for Health and Family Services and Department for Community Based Services for...Read More
T.C. and J.C. v. Cabinet for Health and Family Services, Commonwealth of Kentucky; the Hardin County Attorney’s Office; W.P.; L.P.; and K.C., a Minor Child, No. 2021-CA-0441-ME; T.C. and J.C. v. Cabinet for Health and Family Services, Commonwealth of Kentucky; the Hardin County Attorney’s Office; W.P.; L.P.; and L.C., a Minor Child, No. 2021-CA-0445-ME; and ...Read More
S.G. V. Cabinet for Health and Family Services; Commonwealth of Kentucky; D.C.; J.S.; and L.G., a Child No. 2021-CA-0510-ME Warren County Family Court The Cabinet for Health and Family Services (“CHFS”) removed a minor child from Mother’s care when a finding of neglect was determined in a dependency, neglect, and abuse (“DNA”) action. CHFS placed...Read More
Cabinet for Health and Family Services v. Batie, et al. No. 2021-CA-0580-ME Boyd County Circuit Court The Cabinet for Health and Family Services (“CHFS”) appealed an order granting custody of a minor child to Grandmother and Uncle of the minor child due to the family members lacking standing to pursue such custody order. The Kentucky...Read More
Salame Ajami v. Tescari Solano No. 20-5283 Mother removed the Children from Venezuela to the United States. Father petitioned to have the Children returned to Venezuela under the Hague Convention. Prior to the petition, Mother and the Children were granted asylum in the United States. In the District Court, the parties entered stipulations that Venezuela...Read More
