C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor,
180 SW3d 485 (Ky., App., 2005)
Adoption without the consent of living biological parent is
by its very nature a proceeding seeking the termination of a
parental right. When statutes conflict, the more specific statute
prevails. Held that a party denied right to adopt has a right of
appeal.

The trial court denied a petition to adopt four children without the consent of their biological mother, which places in issue the involuntary termination of the biological mother’s parental rights.

The adoptive party appealed. KRS 625.110 provides that “an order for the involuntary termination of parental rights shall be conclusive…, except that an appeal may be taken from a judgment…involuntarily terminating parental rights.”

KRS 199.560 provides “any party to an adoption proceeding shall have the same right to appeal to the Court of Appeals as in any other equity action.”

Held: Party denied right to adopt may appeal. An adoption without the consent of the living biological parent is, by its very nature, a proceeding seeking the termination of a parental right. When statutes conflict, the more specific statute prevails. This is an adoption proceeding, not a termination proceeding, even though the mother’s parental rights would be terminated if the adoption were granted.

The post C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor; S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor; S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor, 180 SW3d 485 (Ky., App., 2005) appeared first on Goldberg Simpson - Family Law Group.

Appeals from Family Court are to be taken to Court of Appeals. KRS 620.155 is
intended for use in counties that do not have a family court. When two statutes are in conflict, they are to be construed to give meaning to both.

Thorn v. Commonwealth of Kentucky and Shirley Robinson,
181 SW3d 560 (Ky.App., 2005)
Appeals from Family Court are to be taken to Court of Appeals.

Appeals from Family Court are to be taken to Court of Appeals. KRS 620.155 is
intended for use in counties that do not have a family court. When two statutes are in conflict, they are to be construed to give meaning to both.

In this case, the underlying action was pending in a Family Court from the custody of the maternal great-grandmother based on a finding of neglect and placed into the custody of his paternal grandmother. The paternal grandmother appealed to Circuit Court, which reversed the Family Court, but then vacated its judgment for lack of subject matter jurisdiction.

The Court of Appeals held that the Circuit Court properly declined subject matter jurisdiction to hear the appeal.

When two statutes are in seeming conflict, courts are to construe the statutes so as to give meaning to both.

The post Thorn v. Commonwealth of Kentucky and Shirley Robinson, 181 SW3d 560 (Ky.App., 2005) appeared first on Goldberg Simpson - Family Law Group.