Tag

DeFacto Custodian
Panda Puzzle
Garvin v. Krieger, et al.   On remand from the Kentucky Supreme Court, the Court of Appeals was to determine whether Grandfather and long-term Girlfriend were Child’s de facto custodians. In Krieger v. Garvin, 584 S.W.3d 727 (Ky. 2019), the Supreme Court reversed the Court of Appeals by holding that KRS 403.270(1) is broad enough...
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Colorful Blocks
Hoskins v. Elliott, et al.   On February 11, 2017, Mother left her nine-month-old Child with Elliott to babysit for the weekend and until Mother went to scheduled court appearances. For quite some time, Mother did not reappear, and Child became sick. Elliott did not have the legal authority to take Child to the doctor....
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Baby Feet
Turner v. Hodge, et al.   Child was born in March of 2005 to Murphy and Hodge, who were unmarried. In 2015, Hodge’s paternity was established, and a child support obligation was set on the same day. Turner, until Hodge’s paternity was established, believed that her son, Jeffrey, was Child’s father, and Child lived with...
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Pink Piggy Bank
Lage, et al. v. Esterle   Mother entered a maternity home to give birth, bringing along her two-year-old Twins. A Volunteer at the maternity home and her Husband agreed to care for the Twins while Mother gave birth and recovered. The parties agreed the Twins would stay with Volunteer and Husband for four months, which...
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Stylish 50+ woman working from home.
Krieger, et al. v. Garvin, et al.   In a temporary removal hearing, Family Court awarded temporary custody of eight-month-old Child to her maternal Grandfather and Grandfather’s long-term Girlfriend, with whom Grandfather cohabitated. Mother later stipulated to risk of abuse or neglect, and Family Court ordered temporary custody of Child was to remain with Grandfather...
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Baby Feet
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...
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Little girl mixing cherries in the cake batter with her mother
Meinders v. Middleton Trial court granted temporary custody of minor child to women believed to be the child’s biological paternal grandmother and aunt. Four days after the dependency, abuse, and neglect hearing, which biological mother failed to attend, biological mother requested a paternity test for a man she believed to be the child’s true biological...
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Grandpa and Baby
GARVIN V. KRIEGER, ET AL. Paternal grandfather and his girlfriend were adjudged de facto custodians of minor child and were awarded sole permanent custody. Maternal grandmother was awarded grandparent visitation pursuant to KRS 405.021. Mother and maternal grandmother appealed arguing that the family court erred by designating paternal grandfather and girlfriend as de facto custodians...
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Mother and son in bedroom spend some quality time
JONES V. JONES, ET AL. The Trial Court held that Aunt met the standards for a de facto custodian and awarded joint custody to Father and Aunt, imposing a child support obligation against Father without consideration of Aunt’s income and requiring Father to pay a portion of Aunt’s attorney’s fees. Father appealed as to custody,...
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Little girl mixing cherries in the cake batter with her mother
CHERRY V. CARROLL, ET AL Children resided in caretaker’s home for less than seven months after placement by CHFS and then were returned to Father. Upon caretaker’s Petition, the trial court designated him a de facto custodian. Father appealed arguing caretaker did not meet the statutory requirements to be a de facto custodian. The Court...
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