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Nathan R. Hardymon
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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The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), KRS 403.800 et seq., has provisions which permit nonparents to petition a court for custody. KRS 403.822 permits a “person acting as a parent” to petition a court for custody. Mullins v. Picklesimer, 317 S.W.3d 569, 575 (Ky. 2010). A “person acting as a parent” is...
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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...
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Cabinet for Health & Fam. Servs., Com. v. H.L.O. Letcher Circuit Court Questions Presented: Termination of Parental Rights. Calculation of Time Spent in Out-of-Home Care. Reviewing the Court of Appeals’ reversal of the trial court’s judgment terminating parental rights, the Court finds there was substantial evidence in the record to support the trial court’s findings...
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Normandin v. Normandin Oldham Circuit Court Original Digest The Kentucky Supreme Court modified its December 17, 2020 Opinion to allow the parties to offer evidence to rebut the presumption that the marital portion of each RSU allotment would be the proportion of time in each three-year vesting period that was marital and the proportion in...
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Com., Cabinet for Health & Fam. Servs. v. K.T. Bullitt Family Court After the Cabinet for Health and Family Services (“the Cabinet”) was granted temporary custody of the Children in a dependency, neglect, and abuse (“DNA”) action, the Cabinet placed the Children with their paternal aunt. The aunt later notified the Cabinet that the Children...
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Lady Justice
R.M. v. Cabinet for Health and Fam. Servs., Com. Harrison Circuit Court Questions Presented: Termination of Parental Rights. Best Interests of the Child. Reasonable Efforts. Substantial evidence in the case supported trial court judge’s decision to terminate parental rights despite acknowledged cultural barriers and the children’s express wishes to return to their parents. Children were...
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A.G. v. Cabinet for Health & Fam. Servs., Com. Jefferson Circuit Court Questions Presented: Interstate Compact for The Placement of Children (ICPC). KRS 615.030. Opinion of the Court reversing the Court of Appeals and vacating the judgment of the Jefferson Family Court terminating the parental rights of A.G. to his minor son. Court held that...
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