NAVE V. FEINBERG, PHD., ET AL. Kentucky courts continue to hold that court-appointed custodial evaluators are entitled to quasi-judicial immunity.Read More

BAIZE V. PEAK Trial court granted Father primary custody after a hearing. The trial court made findings including that mother moved frequently causing the child to change schools four times in one academic year. Mother appealed arguing the trial court “ improperly considered her personal life” and failed to make the factual findings required by...Read More

AGNICH V. TYLER Same-sex parents, after separation, had joint custody and an agreed parenting-time schedule for their two minor children, twins with autism. Appellee moved the trial court to allow her to move from Lexington, Kentucky to St. Joseph, Missouri area. The court granted her motion allowing relocation finding Missouri had better services for autistic...Read More

VARNEY V. BINGHAM Unmarried Father and Mother were involved in a long, contentious custody proceeding. Ultimately, Father was awarded sole custody of the child. In supporting its decision, the Trial Court cited Mother’s past drug use and criminal history as “evidence of a weak mental condition that could negatively affect her ability to parent.” Mother...Read More

KEETON V. KEITH Mother brought a motion asking court to settle a dispute over schooling between Mother and Father. The Trial Court entered an order pursuant to KRS 159.010 placing the child in Mother’s school of choice. The Court of Appeals vacated the order holding that KRS 159.010 “merely directs placement of a child in...Read More

PENTICUFF V. MILLER, ET AL Mother gave birth to child and held out that her husband (hereinafter “Miller”) was the child’s father. She later told natural father (hereinafter “Penticuff”) that he was the child’s father. DNA testing confirmed that Penticuff, not Miller was the child’s father, although Miller paid child support and shared joint custody...Read More

RETHERFORD V. MONDAY Mother argued on appeal that the trial court failed to make specific, independent findings of fact in a custody case. The trial court had nearly verbatim adopted the proposed findings submitted by Father. The Court of Appeals vacated the trial court judgment holding that cases involving children and families require strict compliance...Read More

FEINBERG V. KEETON 2014-CA-001656-MR TO BE PUBLISHED CARTER http://opinions.kycourts.net/coa/2014-CA-001656.pdf Mother sued custodial evaluator for providing a false diagnosis regarding “parental alienation.” Trial court did not dismiss case after custodial evaluator made a claim of quasi-judicial immunity. The Court of Appeals holds that a custodial evaluator is entitled to quasi-judicial immunity and instructs the trial court...Read More

CHADWICK V. FLORA, ET AL. Grandmother appealed an order finding she was not a de facto custodian of her grandchild. The order also denied her motion for custody and visitation. Grandmother’s first argument on appeal is that the trial court erred in finding she did not met the KRS 403.270(1)(a) standard for a de facto...Read More

WEDDING V. HARMON, ET AL. Father shared private co-parenting emails between the parties (Mother and Father) with teachers, other parents, and relatives. After holding a hearing, the trial court entered an injunction ordering Father not to forward others private email communications between the parties. Father appealed arguing the order unconstitutionally infringed his right to freedom...Read More