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Stepparent visitation where biological parent's rights had been terminated - Published opinion from Ky Court of Appeals



Stepfather filed a petition for visitation with stepchildren. Biological father’s rights had been terminated and although stepfather had not adopted the children, they had his last name, called him dad, and relied on him solely for financial support. Mother disagreed testifying the children were afraid of their stepfather. The family court ultimately determined that mother was fit and it was not in the children’s best interests for stepfather to have visitation.


Grandparent visitation evidentiary standard where custodian is not a parent; published opinion from Ky Court of Appeals


Maternal grandparents had custody of children. After lengthy litigation, paternal grandfather was ultimately awarded limited supervised visitation with children. Maternal grandparents appealed arguing “that the trial court erred when it applied the preponderance standard in considering whether to award grandparent visitation to [paternal grandfather].”

Interest on money judgment - published family law opinion from Ky Supreme Court


“Questions Presented: Family Law. Interest on money judgment. KRS 360.040. Application of KRS 360.040, governing interest on a judgment in a

domestic relations case.”


Unvested restricted stock units declared nonmarital property - Ky Court of Appeals Published Opinion last week



Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues.


Jones v. Livesay, published Ky Court of Appeals Opinion affirming last week


After dissolution of marriage proceeding, Wife appealed on four issues. The Court of Appeals begins with a lengthy discussion of substantial compliance because Wife failed to follow the Civil Rules.


First, Wife argues that “the visitation schedule is improper and should be set aside.” As she did not advance a substantive argument on this issue, the Court of Appeals does not address it pursuant to its holding in Milby v. Mears, 580 S.W.2d 724, 727 (Ky. App. 1979).


Allocation of dependent-child tax exemptions supported by sufficient findings, published opinion from Ky Court of Appeals



Mother and Father had significant post-decree litigation regarding child support, tax exemptions, and uncovered medical expenses which ultimately resulted in a ruling that modified the allocation of dependent-child tax exemptions allowing Father to claim two children. Mother appealed arguing that the Family Court erred in modifying the tax exemptions without making specific findings.


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