Tag

Relocation
FRANCES V. FRANCES 2007-SC-000076-DGE PUBLISHED: AFFIRMING NOBLE PRESIDING COUNTY: TRIGG DATE RENDERED: 10/23/2008
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Frances v. Frances involves relocation issues arising prior to the entry of a final custody decree. These were also the facts in Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). The Kentucky Supreme Court now recognizes that the effect of relocation must be viewed in light of whether it occurs pre- or post-decree. In making...
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Frances v. Frances, but the real discussion of the law is in Pennington v. Marcum. Digest to follow.
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Pennington v. Marcum, decided today by the Kentucky Supreme Court. Congratulations to Martha Rosenberg! I dreaded reading Justice Cunningham’s dissent, only to find him cite the “prestigious” AAML and our model relocation act as guidelines that could have given courts greater guidance than best interests. A good day! We will post more on the case...
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The Kentucky Supreme Court decided Coffman v. Rankin today, a 4 – 3 decision reversing the Court of Appeals and reinstating the trial court change in the primary residence of the parties’ two children, now 13 and 10 years old.
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Just as the Kentucky Supreme Court has three relocation related cases pending, Michigan has been struggling with the issue. Here is Jeanne Hannah’s post Mom’s relocation of 91 miles causes change in custody in Updates In Michicgan Family Law.
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HB383 was filed today with posting waived. It should be online tomorrow and we’ll link to it when available. It will be heard in the house judiciary committee in Frankfort on Wednesday, January 30, 2008. It mirrors with few exceptions the AAML Model Relocation Act, available here. Update: HB383 is online here. UPDATE: Still in...
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Kentucky Court Report has collated and posted the following which includes links to briefs in which oral arguments are set December 13, 2007 before the Kentucky Supreme Court in two relocation cases:
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Last month we reported here on a “not to be published” relocation case in which the Kentucky Supreme Court granted discretionary review. Now there is another. While we still fret about whether to digest “not to be published’ decisions, it certainly seems worthwhile to do so for those which are being entertained on discretionary review....
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