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Nathan R. Hardymon
Panda Puzzle
J.S.B. v. S.R.V. Livingston Circuit Court Questions Presented: Child Custody. Issues involve attempted adoptions of two children to terminate their biological father’s rights (without terminating their mother’s parental rights) as well as the applicability and viability of the parental “waiver” decision of Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010). The issues decided by the...
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100 Dollar Bill
Bond v. Bond Carter Circuit Court During a dissolution of marriage action, Husband had a medical malpractice claim pending. Family Court reserved the issue of classification of any award. After the claim was settled, although the settlement did not classify the awards by type, the money from several medical malpractice actions were pooled and divided...
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Paoli v. Paoli Marion Circuit Court After a hearing and order in a dissolution of marriage action, Husband appealed arguing that Family Court erred in its valuation of the marital items of personal property divided between the parties. The only party who presented testimony regarding the value of the personal property was Wife, which was...
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Flag of Kentucky
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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At issue in this case was (1) whether statements of a child to a treating therapist regarding alleged abuse constitute inadmissible hearsay; (2) whether statements of a child to a treating therapist regarding the alleged perpetrator of abuse constitute admissible hearsay; and (3) whether the trial court erred by failing to give more consideration to...
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he Supreme Court disagreed. CR 52.01 requires the trial court to finds the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment.
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Burgess v. Chase Hardin Circuit Court Grandmother moved to intervene in custody action between Mother and Father, requesting to be considered Child’s de facto custodian and be awarded custody of child. At the hearing on the matter, Grandmother introduced evidence that she provided the majority of care and support of Child with her in Kentucky....
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K.D.H. v. Com., Cabinet for Health & Fam. Servs. Spencer Circuit Court After the Cabinet for Health and Family Services (“the Cabinet”) petitioned to terminate Mother’s parental rights, Family Court held a hearing, ultimately terminating Mother’s parental rights. Mother appealed. The Court of Appeals held that there was no clear and convincing evidence that the...
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Gambrel v. Croushore ex rel. Villarreal Campbell Circuit Court The issue in this case was whether court-appointed guardians ad litem (“G.A.L.”) enjoy absolute quasi-judicial immunity from malpractice claims arising from their role in child custody proceedings. Absolute immunity against suits for money damages has been extended to non-judicial officers performing quasi-judicial duties. Kentucky extends quasi-judicial...
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MEMORANDUM Moore v. Moore Whitley Circuit Court Questions Presented: KRS 403.340(3). Modification of Visitation. Best Interests of the Children. Risk of Harm. The “Law of this Case” Doctrine. The issue here is whether the trial court erred in failing to make a specific written finding that it was in the best interests of the Movant’s...
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