Tag

Jurisdiction
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The two issues decided by the Supreme Court of Kentucky in this case were (1) whether the juvenile division of District Court has exclusive jurisdiction over IPO cases involving a minor petitioner and/or respondent; and (2) whether an unrepresented minor that is a petitioner or respondent to an IPO action must be appointed counsel.
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T.R.F. v. D.A.H. Jefferson Circuit Court Biological Father and Mother were in a relationship for approximately ten years but never married. They had two children. The relationship was tumultuous, as Biological Father abused alcohol and was often intoxicated, during which time he was often abusive to Mother, which the Children witnessed. In a custody case...
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Iqtaifan v. Hagerty Jefferson Circuit Court Questions Presented: Family Law. Foreign Judgments. Writ of Mandamus. Opinion of the Court affirming the Court of Appeals’ denial of a writ of mandamus against family court judge for failure to dismiss a petition for dissolution of marriage on grounds that the parties were already divorced under the laws...
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Elderserve, Inc. ex rel. Brooks v. Hagerty Jefferson Circuit Court Questions Presented: Writ of Mandamus. Guardianship. Dissolution of Marriage.  While affirming the denial of a writ of mandamus, the Court overrules Johnson v. Johnson, 170 S.W.2d 889 (Ky. 1943) to the extent it strictly prohibited a guardian from initiating an action for dissolution of marriage...
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Lawson v. Woeste and Villarreal Questions Presented: Family Law. Writ of Prohibition. Uniform Child-Custody Jurisdiction and Enforcement Act. A circuit court’s decision that it continues to have jurisdiction over a child custody matter under the UCCJEA is an exercise of a court’s subject-matter jurisdiction. A circuit court’s determination that it has “exclusive, continuing jurisdiction” over...
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Doe v. Ramey After an incident on the bus where Doe, a minor, allegedly put T.L.C., a minor’s hand near Doe’s penis while slapping T.L.C.’s hand, telling him to “slap his meat,” Ramey, T.L.C.’s mother, petitioned for an interpersonal protective order (“IPO”). A temporary IPO was granted. The hearing on the petition took place before...
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Compass
Roper v. Roper  Opinion modified 1/17/2020 On appeal in a dissolution action, Husband argues that Trial Court erred (1) in hearing the case after Husband, Wife, and Children moved to Texas, as it no longer had jurisdiction; (2) in the way it divided the parties’ property; (3) in awarding Wife maintenance; (4) in modifying the...
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Brockman v. Brockman   On appeal, Former Husband argued the Trial Court lacked Subject Matter jurisdiction to enter a divorce decree because neither party resided in Kentucky for 180 days prior to the filing of the petition. Former Husband also argued the Trial Court lacked jurisdiction to make a custody determination under KRS 403.800.  ...
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N.B.D. v. Cabinet for Health and Family Services; N.M.D.J., A Minor Child; R.D.; and F.J. Under the Immigration and Nationality Act, an undocumented juvenile immigrant may apply for permanent residency by obtaining special immigration status. To obtain special immigration status, the immigrant child must present findings to a state juvenile court that satisfy certain criteria....
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GOODLETT V. BRITTAIN, ET AL. Father took custody of his two minor children after the death of mother. Maternal grandparents filed a Petition for grandparent visitation which was granted by the trial court. The Court of Appeals first addresses a jurisdictional issue. Grandparents filed a Petition for grandparent visitation, withdrew without serving Father, and then...
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