The post Watch Partner Elizabeth Howell go Over the Edge for Gilda’s Club Kentuckiana! appeared first on Goldberg Simpson - Family Law Group.

The post Elizabeth M. Howell Goes Over the Edge appeared first on Goldberg Simpson - Family Law Group.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Ms. Howell was also selected for the 2018, 2019, 2020, and 2021 Kentucky Rising Stars lists.

The post Elizabeth M. Howell selected for 2022 Kentucky Rising Stars List appeared first on Goldberg Simpson - Family Law Group.

First, KRS 403.170 prevents a Court from issuing a decree of dissolution “until  the  parties  have lived  apart  for  60  days.” Even if you are still living under the same roof, you may be considered separated for the purposes of this statute.  

Second, if you have minor children KRS 403.044 prevents the Court from hearing matters other than testimony on temporary motions until “sixty (60) days have  elapsed  from  the  date  of  service  of  summons,  the  appointment  of  a  warning  order attorney or the filing of an entry of appearance or a responsive pleading by the defendant, whichever occurs first.” If you have come to an agreement resolving all issues in your divorce, including custody and parenting time, very quickly this “waiting period” might come into play. Thus, the KRS 403.044 prevents a Court from issuing a decree of dissolution until 60 days have elapsed from the date the response to the petition was filed or date of service of a summons.

There are certain time restrictions on the divorce process in the Commonwealth of Kentucky. If you are interested in learning more about how these might impact your specific case, consider consulting with an attorney.

The post Is there a waiting period to get a divorce in Kentucky? appeared first on Goldberg Simpson - Family Law Group.

KRS 405.021(3) allows a grandparent to seek visitation under only very narrow circumstances. 1) the parent of the child who is the son or daughter of the grandparent must be deceased, and 2) the grandparent must have assumed the financial obligation of child support owed by the deceased parent. If these two factors are met and the Court makes a Walker analysis properly awarding grandparents visitation, grandparents would have an ongoing obligation for support. On the other hand, KRS 405.021(1)(a) allows a grandparent to seek visitation regardless of if their child, the parent, is living or dead, and there is no obligation for support. A note of caution, it can be difficult to establish grandparent visitation under KRS 405.021(1)(a) given the presumption that a a fit parent acts in his or her child’s best interest when denying a grandparent visitation.

A grandparent acting as a grandparent can only be required to pay child support if they themselves take on the obligation and pursue visitation under KRS 405.021(3). Otherwise, grandparents cannot be required to pay child support. Or course, if a grandparent’s status changes, such as obtaining standing as a de facto custodian or becoming an adoptive parent, their rights and obligations also change.

The post Can a grandparent be required to pay child support? appeared first on Goldberg Simpson - Family Law Group.

Legally, if you want to file a divorce action in the Commonwealth of Kentucky, the Court must have jurisdiction to hear your case. At the most basic level, you must meet the KRS 430.140 residency requirement “that  one  (1)  of  the  parties,  at  the  time  the  action  was commenced,  resided  in  this  state,  or  was  stationed  in  this  state  while  a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition.” There may be additional jurisdictional considerations including the presence of domestic violence, minor children, or location of your assets. If you are ready to determine when and where to file your divorce, you may want to speak with legal counsel.

Practically, there are numerous considerations that go into the filing of a divorce action. We have written before about the impact filing first might have on your case. Other considerations include your present financial circumstances, impact of the divorce on minor or adult children, safety concerns, and your emotional readiness to start the divorce process. You may want to consider meeting with an attorney before you are fully ready to file a divorce to obtain information about the divorce process. We have attorneys who can assist clients with pre-divorce planning and answer questions about what a divorce would entail.

The post When can I file for divorce? appeared first on Goldberg Simpson - Family Law Group.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Ms. Howell was also selected for the 2018, 2019, and 2020 Kentucky Rising Stars lists.

The post Elizabeth M. Howell selected for 2021 Kentucky Rising Stars List appeared first on Goldberg Simpson - Family Law Group.

It is tempting when negotiating a complex Marital Settlement Agreement to agree to share holidays by agreement and “kick the can down the road.” Unfortunately, such an agreement could cause problems if a disagreement does arise. Courts often have limited time available on their docket around the holidays and may not have time to hear a dispute prior to the holiday itself. In order to avoid last minute conflict, a holiday schedule or a default holiday schedule, that takes controls in the event of a dispute, can solve disagreements when they arise and prevent last minute problems.

The Kentucky Family Court Rules of Practice and Procedure, in Appendix C, suggest a holiday schedule that sets apart time on New Year’s Day, July 4^th, Thanksgiving,  Christmas/Winter Break, Mother’s Day and Father’s Day, Fall Break or Spring Break, and two consecutive weeks during the Summer Break, and birthday time. The dispute resolution process, such as mediation, offers the opportunity to create a holiday schedule specific to your family’s needs. If you are in the process of negotiating or renegotiating a parenting time agreement, you may want to consider additional religious, cultural, or special holidays that are important to your family.  For example, it may be important to one family to share the High Holy Days of the Jewish year, while another family opts to set aside special time on Halloween.

A schedule regarding special holidays can also be requested in litigation, but the Court may opt to set a default schedule that rotates the holidays between the parents. You will want to talk to an attorney and discuss the most likely outcome of any motions regarding holiday time.

In 2020, the holidays are even more stressful given the rise in COVID-19 cases throughout the country. Check out the CDC holiday recommendations and discuss safety recommendations with your former spouse or partner. Also, check out our Blog on tips for co-parenting towards a happy holiday season.

The post Does My Family Need a Holiday Schedule? appeared first on Goldberg Simpson - Family Law Group.

A majority of the Court agreed that under the Due Process Clause of the Fourteenth Amendment, parents have a fundamental liberty interest in the care, custody, and control of their children. And a majority concurred that “there is a presumption that fit parents act in the best interests of their children.” The plurality opinion did not define the precise scope of the parental due process right in the grandparent visitation context.

Walker v. Blair, 382 S.W.3d 862, 868-69 (Ky. 2012)(setting forth the holding in Troxel v. Granville,530 U.S. 57 (2000).

It has been nearly a decade since the Supreme Court’s decision in Troxel  and Kentucky courts have published several cases clarifying Troxel for application under Kentucky law. Kentucky statute provides for grandparent visitation on the following grounds:

            The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so.

KRS 405.021(1)(a). Previously, KRS 405.021(1)(b) and (c) shifted the burden in Troxel when a grandparent was seeking visitation after the death of his or her child; however, the Supreme Court recently found that the presumption shift was unconstitutional.

In Kentucky, the Supreme Court has laid out a number of factors courts must consider when making a determination regarding grandparent rights pursuant to KRS 405.021(1)(a) which has not been declared unconstitutional. The Court will look to “the motivation of the adults participating in the grandparent visitation proceedings” as well as a number of factors outlined in Walker:

1) the nature and stability of the relationship between the child and the grandparent seeking visitation;

3) the potential detriments and benefits to the child from granting visitation;

4) the effect granting visitation would have on the child’s relationship with the parents;

5) the physical and emotional health of all the adults involved, parents and grandparents alike;

6) the stability of the child’s living and schooling arrangements; and

7) the wishes and preferences of the child.

Walker v. Blair, 382 S.W.3d 862, 871 (Ky. 2012). The Court will conduct a fact specific inquiry into the facts. The Court is not required to consider all of the factors but should consider those pertinent to the facts of the individual case before it. Massie v. Navy, 487 S.W.3d 443, 447 (Ky. 2016)

If you are thinking about initiating Court action to establish visitation as a grandparent, you may want to talk to an attorney. The attorney can help you determine the strength of your case, and help you explore whether options outside of litigation might be more likely to result in preservation of your important grandparent grandchild relationship.  

The post Do grandparents have visitation rights in Kentucky? appeared first on Goldberg Simpson - Family Law Group.