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Elizabeth M. Howell
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ROBINSON V. ROBINSON Mother and Father were divorced in Kentucky. Mother subsequently relocated with minor child to North Carolina. The North Carolina court heard several custody and parenting time issues, after which Father challenged the Court’s jurisdiction. Pursuant to the UCCJEA, Kentucky found that it would be “an inconvenient forum and relinquished jurisdiction to the...
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KEITH V. KEITH Family court dissolved the marriage of Husband and Wife with three children after a DRC recommendation and evidentiary hearing. Each party filed exceptions to the DRC report, the Court sustained one and overruled the rest. Wife raised several issues on appeal. First, Wife argues that the DRC improperly adopted the findings and...
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FRY V. CAUDILL Stepfather filed a petition for visitation with stepchildren. Biological father’s rights had been terminated and although stepfather had not adopted the children, they had his last name, called him dad, and relied on him solely for financial support. Mother disagreed testifying the children were afraid of their stepfather. The family court ultimately...
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WILSON V. INGLIS Father and mother shared one minor child, but had never married or cohabitated. In 2014, mother filed a motion for modification of child support which was granted. In 2016, Mother filed another modification of child support claiming essentially the same change in material circumstances as she did in her 2014 motion. The...
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J.E. , ET AL. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. The Court of Appeals dismiss these appeals as interlocutory holding that “a disposition order, not an adjudication order, is the final and appealable order with regard to a decision of whether a child is dependent, neglected, or abused.” 2017-CA-001751-ME,...
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MORTON, ET AL. V. TIPTON Maternal grandparents had custody of children. After lengthy litigation, paternal grandfather was ultimately awarded limited supervised visitation with children. Maternal grandparents appealed arguing “that the trial court erred when it applied the preponderance standard in considering whether to award grandparent visitation to [paternal grandfather].” The Court of Appeals affirms the...
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DOYLE V. DOYLE “Questions Presented: Family Law. Interest on money judgment. KRS 360.040. Application of KRS 360.040, governing interest on a judgment in a domestic relations case.” Husband owed wife $24,277.02 for a 1998 property equalization settlement. Wife attempted to garnish Husband’s funds ultimately getting a judgment lien on his property in 2008 after he...
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OFFICER V. BLANKENSHIP Husband and Wife entered into a Marital Settlement Agreement (“MSA”) which provided “Kentucky is considered the ‘home state’ of the children for all custody and time-sharing issues. Likewise, the parties understand that Kentucky shall continue to have ongoing, exclusive jurisdiction of all custody and co-parenting issues, unless the Court of another state...
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NORMANDIN V. NORMANDIN Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues. Wife first argued that the trial court erred in failing to make adequate findings and by considering the nonmarital inheritance...
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JONES V. LIVESAY After dissolution of marriage proceeding, Wife appealed on four issues. The Court of Appeals begins with a lengthy discussion of substantial compliance because Wife failed to follow the Civil Rules. First, Wife argues that “the visitation schedule is improper and should be set aside.” As she did not advance a substantive argument...
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