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DeFacto Custodian
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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Grandparent
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...
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Child on Father's Shoulders
WELLS, ET AL. V. TOYE Foster parents  appealed from a Circuit Court decision finding they lacked standing to qualify as de facto custodians. The Appellate Court affirms the Circuit Court holding that the rule set forth in Swiss applies in this case. Swiss v. Cabinet for Families and Children, 43 S.W.3d 796, 797 (Ky. App....
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