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Elder Law
Shot of a confident senior woman looking thoughtful outdoors
ELMER RIEHLE V CAROLYN RIEHLE Husband, age 88, filed for a divorce from Wife, age 72, who had previously been appointed as his guardian and conservator. The trial court dismissed Husband’s petition pursuant to the Johnson case and on the basis that an incompetent person cannot bring a legal action in Kentucky. The Court of...
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Empty Room
RIEHLE V. RIEHLE Husband, previously adjudicated to be disabled and incompetent, filed for divorce from his wife, who was also his guardian and conservator. The trial court entered an order dismissing husband’s Petition for Dissolution, as “an incompetent person cannot bring or maintain an action for dissolution of marriage” in the Commonwealth of Kentucky. Husband...
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Collett v. Dailey as Guardian of Hazel C. Collett No. 2010-CA-002115-ME
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Howard Basham at How Appealing has posted amicus briefs for and against writ of certiorari in a grandparent visitation case in the US. Supreme Court, Fausey v. Hiller, No. 06-863.
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Should Grandma Divorce Grandpa? By Liz Pulliam Weston appears at MSN Money. The population of divorced people over 65 has exploded in the past 15 years, and elder-law attorneys suspect money is at least partly to blame. The idea that money might be a factor in divorce isn’t news. But instead of fighting over their...
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This case is not yet final. Vanwinkle v. Petry, __ S.W.3d __ (Ky. App. 2007), 2007 WL 121965 (Ky. App.) Trial Court ordered that Grandparents were to approve any change in Mother’s visitation with children, though Mother and Father shared joint custody. Trial Court also, sua sponte, increased maternal grandparents’ visitation with minor grandchildren from...
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The Family Law Prof Blog reports: “Many thought the U.S. Supreme Court had essentially settled this issue in 2000 when it ruled that Tommie Granville, a mother in Washington state, could limit to once a month her two girls’ contact with their paternal grandparents after the girls’ father had committed suicide. But the issue is...
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Two More State Supreme Courts Uphold Grandparent Visitation Laws – Despite the Supreme Court’s Holding that They Can Be Unconstitutional is an online article by Joanna Grossman posted yesterday. In it she digests the recent Utah and Pennsylvania cases upholding grandparent visitation along with links to them, to Troxel and to other post-Troxel cases “Importantly,...
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