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UCCJEA
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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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Santise v. Santise   Mother and Father were divorced in 2011, incorporating a marital settlement agreement into their decree whereby the parties had joint custody of the minor children, Father was designated as the primary residential custodian, Mother received reasonable parenting time, and Father was allowed to relocate with the children. Afterward, Father relocated with...
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Qaisi v. Alaeddin Family Court declined to recognize three legal documents from courts in Dubai, United Arab Emirates. The three documents are as follows: (1) a divorce certificate, (2) a document memorializing an agreement between the parties whereby “[t]he custody of the children…shall be proved for the second party [Qaisi]” (the document did not explain...
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Kruger v. Hamm Trial Court granted joint custody of Daughter to Mother and a Couple that lived next door to Mother. When Daughter was born, Mother and Daughter moved in with the Couple for a very brief period of time. Mother eventually obtained an apartment, but visited the Couple’s house every other day. The couple...
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R.B. v. S.M. Trial Court granted Father temporary custody of minor child after Mother had been arrested for driving under the influence while minor child had been left unattended in their residence. After a full hearing, Trial Court later rescinded the order granting Father temporary custody. Unbeknownst to the Kentucky Trial Court, a prior temporary...
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Dellapenta v. Goldy A Kentucky Trial Court exercised jurisdiction over a custody case pursuant to KRS 403.822(1)(d) when it found that neither Kentucky nor Colorado were the “home state” of the Children as defined by KRS 403.822(a). Father resided in Kentucky and Mother moved to Colorado with Children in April 2015. In June 2015, just...
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ROBINSON V. ROBINSON Mother and Father were divorced in Kentucky. Mother subsequently relocated with minor child to North Carolina. The North Carolina court heard several custody and parenting time issues, after which Father challenged the Court’s jurisdiction. Pursuant to the UCCJEA, Kentucky found that it would be “an inconvenient forum and relinquished jurisdiction to the...
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OFFICER V. BLANKENSHIP Husband and Wife entered into a Marital Settlement Agreement (“MSA”) which provided “Kentucky is considered the ‘home state’ of the children for all custody and time-sharing issues. Likewise, the parties understand that Kentucky shall continue to have ongoing, exclusive jurisdiction of all custody and co-parenting issues, unless the Court of another state...
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BALL V. MCGOWAN A Nevada court entered a custody order, after which child and Father moved to Kentucky. Child did not return to Nevada after moving to Kentucky. Several years later, Mother filed an action for custody in Nevada, while Father filed an action for custody in Kentucky. Pursuant to the UCCJEA, the Kentucky trial...
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ADDISON V. ADDISON After significant ongoing litigation over custody, the Trial Court ordered that custody be transferred to Father and that Mother have supervised visitation. The Court of Appeals reversed because of the arbitrary time limitation at trial. Upon discretionary review the Ky Supreme Court reversed the Court of Appeals and reinstated the trial court’s...
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