In re: Michelle Dougherty-Kelsay v. Michael Stephen Kelsay U.S. Court of Appeals for the Sixth Circuit Family Court ordered Mother to pay monthly child support and 32% of childcare expenses to Father. Shortly thereafter, Father filed for contempt due to Mother’s refusal to pay certain child related expenses. Child then incurred certain medical related expenses,...Read More
C.L. v. Commonwealth of Kentucky, Cabinet for Health and Family Services; B.H., A Minor; and Commonwealth of Kentucky, Office of Lewis County Attorney, Case No. 2021-CA-1188-ME; C.L. v. Commonwealth of Kentucky, Cabinet for Health and Family Services; Commonwealth of Kentucky, Office of Lewis County Attorney; and L.L., A Minor, Case No. 2021-CA-1192-ME; C.L. v. Commonwealth...Read More
J.L.R. v. A.L.A., et al. Madison Circuit Court On July 22, 2020, Grandparents of the Child in this matter initiated filed a “Verified Petition for Termination of Parental Rights and Adoption.” After conducting an evidentiary hearing, the family court entered a finding of facts and conclusion of law alongside a “Judgement of Termination of Parental...Read More
We are seeing more and more cases as people get relocated for work or, with the long-lasting impact of the COVID-19 pandemic, work remotely. People no longer have to work in downtown Louisville; they can live in Southern Indiana and just telecommute. Relocations already consume a high percentage of our cases, and I don’t expect...Read More
There may be a time when you need to change a parenting time or custody order. The process will likely start with a motion for modification. When it comes to child custody, one of the most common reasons parents seek out a modification to a prior court order is relocation. Sometimes people may have to...Read More
In addition to a child custody agreement, the primary parent or custodian of the child involved can also receive child support. Child support cases can become heated if both parties involved do not agree on support terms. However, the law provides that children have the right to receive financial support from both parents no matter...Read More
Many people enjoy a very close relationship with their stepparent or stepchild. Sometimes this bond is just as strong as if the individuals were in fact parent and child biologically. However, it is important to remember that for most legal purposes, a stepparent and stepchild relationship is entirely meaningless. You should never make assumptions about...Read More
Kentucky’s custody and parenting time statue does not favor a mother over a father. Instead, Kentucky courts apply a best interest standard to determine a parenting time schedule that is in the best interest of the child. There is a rebuttable presumption that equal parenting time is in the child’s best interest. While a father’s...Read More
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...Read More
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), KRS 403.800 et seq., has provisions which permit nonparents to petition a court for custody. KRS 403.822 permits a “person acting as a parent” to petition a court for custody. Mullins v. Picklesimer, 317 S.W.3d 569, 575 (Ky. 2010). A “person acting as a parent” is...Read More
