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

Layman v. Bohanon   Mother and Father divorced, entering into a settlement agreement providing for joint custody and equally shared parenting time. Later, the parties orally agreed to modify their parenting time arrangement due to a change in Father’s work schedule. Two years after the oral agreement to modify the parenting time arrangement, Father moved...Read More

Warawa v. Warawa As part of an Agreed Order, Mother and Father agreed they would use a parenting coordinator with a “limited role.” “Issues of custody and parenting time, other than minor issues such as vacation dates, special occasions, etc. [were to] be addressed by the Court . . . .” Later, Mother filed a...Read More

Barnett v. White   Father filed a petition seeking joint custody and equal timesharing of the parties’ minor child. Mother argued that Father should not be granted joint custody because his behavior “made it impossible for the parties’ to work together in the best interest of the child.”  An agreed temporary order was entered adopting...Read More

Kruger v. Hamm Trial Court granted joint custody of Daughter to Mother and a Couple that lived next door to Mother. When Daughter was born, Mother and Daughter moved in with the Couple for a very brief period of time. Mother eventually obtained an apartment, but visited the Couple’s house every other day. The couple...Read More