James Eric Bankston v. Jennifer S. Mattingly, No. 2021-CA-1490-MR Marion Circuit Court Mom and Dad, joint custodians of one child, disagreed on who should be permitted to claim Child for tax purposes. Dad – who had a significantly higher income than Mom – motioned the Circuit Court to claim Child each year pursuant to 26...Read More
Nearly every week of the year (excluding holidays and other specified days), each of the ten (10) divisions of family court holds motion hour in Louisville, Kentucky. Each court conducts motion hour at the same time each week, as shown in the following chart: Division #One (1)Two (2)Three (3)Four (4)Five (5)Six (6)Seven (7)Eight (8)Nine (9)Ten...Read More
Mediation is a form of alternate dispute resolution (ADR) commonly used in divorces and family law cases to help the parties decide how to resolve their issues outside of the courtroom. The mediator is a neutral individual who does not represent anyone and no interest in the outcome. Parents must also remember that mediators have...Read More
Less Than Custody But Better Than Nothing? Guardianship is a term that is commonly used, but generally misunderstood. Guardianship and custody are NOT the same from a legal perspective. Parents have a superior right to custody, and have a higher level of rights than what guardianship provides. Guardianship may be used if both parents are...Read More
Diana L. Skaggs + Partners, PLLC is proud to announce our merger with Goldberg Simpson , LLC. We are thrilled to be bringing our entire team to join Goldberg Simpson.Read More
Many people enjoy a very close relationship with their stepparent or stepchild. Sometimes this bond is just as strong as if the individuals were in fact parent and child biologically. However, it is important to remember that for most legal purposes, a stepparent and stepchild relationship is entirely meaningless. You should never make assumptions about...Read More
A common question those considering divorce in Kentucky ask is regarding time frame. How long will it take me to get a divorce? Each case has a different timeline depending on the assets involved, number of legal issues, and a whole variety of other factors. It is unlikely your divorce will have a definite conclusion...Read More
Unlike property that was earned during the marriage, there is no presumption that debt incurred during the marriage is marital debt. Neidlinger v. Neidlinger, 52 S.W.3d 513, 523 (Ky. 2001). See also KRS 403.190. There is also no presumption that debts must be divided equally or in the same proportions as marital property but rather...Read More
An Emergency Protective Order (EPO) is a temporary order of protection from domestic violence and abuse. An EPO can be issued without a hearing or notice to the other party. A judge who receives a petition for an EPO must determine whether there is an “immediate and present danger” of domestic violence and abuse. Once...Read More
As part of a dissolution of marriage with children or a custody case, the court will determine the custody arrangement that is in the best interest of the children. A child’s legal custodian makes decisions regarding the child’s education, health care, and religious training. The parent that the court determines should be the legal custodian...Read More
