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Monday, March 30, 2020

B.S.S. v. K.S.

 

Child was born to Mother and Father while Mother and Father were married. Later, Mother and Father separated, and Mother petitioned for dissolution of marriage and moved for temporary sole custody of Child. In her motion, she alleged that Father was under investigation by the Cabinet for Health and Family Services for sexually abusing Child. Family Court entered an agreed order granting Mother temporary sole custody of child. Two weeks later, Father moved for visitation. The day after Father moved for visitation, a Dependency, Neglect, and Abuse petition was filed, alleging that Father sexually abused Child and sought removal of Child from Father’s care. Family Court denied Father’s motion for visitation in the dissolution action, taking judicial notice of the pending DNA action.

 

Sunday, March 29, 2020

The Kentucky Supreme Court has issued an order regarding parenting time and Covid-19. Administrative Order 2020-14 provides guidance to parties with custody and parenting time orders.

Saturday, March 28, 2020

Layman v. Bohanon

 

Mother and Father divorced, entering into a settlement agreement providing for joint custody and equally shared parenting time. Later, the parties orally agreed to modify their parenting time arrangement due to a change in Father’s work schedule. Two years after the oral agreement to modify the parenting time arrangement, Father moved to memorialize the modified schedule, and to modify child support. He alleged that Mother had voluntarily quit her job and had since been receiving “gift income” from her parents, including $2,000 a month and a new car.

 

Wednesday, March 25, 2020

Garvin v. Krieger, et al.

 

On remand from the Kentucky Supreme Court, the Court of Appeals was to determine whether Grandfather and long-term Girlfriend were Child’s de facto custodians. In Krieger v. Garvin, 584 S.W.3d 727 (Ky. 2019), the Supreme Court reversed the Court of Appeals by holding that KRS 403.270(1) is broad enough to simultaneously confer upon unmarried cohabitants the status of de facto custodian(s).

 

Monday, March 16, 2020

Hall v. Smith

 

Hall petitioned for a protective order on behalf of herself and Hall and Smith’s two minor children, alleging that Hall was once married to Smith; that they have two children in common; that Smith is controlling and manipulative; that Smith has been stalking Hall; that there was physical abuse at the end of their marriage and mental abuse before that; that the Children are being mentally abused by Smith; that Smith pulled a gun on an ex-girlfriend and her boyfriend; that Smith was violating a restriction not to go within 1,000 feet of Hall’s home; that Smith newly acquired a gun; and that she believed Smith would hurt her and the children.