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Thursday, October 17, 2019

Herbener v. Herbener


Husband held separate property, which he transferred to an LLC, which was owned by Husband and Wife. Wife argued that the transfer of the property to the LLC after the marriage transformed the ownership to Husband and Wife’s concurrent ownership. The Court of Appeals held that concurrent ownership is limited to ownership by people, not by an organization. Thus, the transfer of Husband’s separate property to the LLC was not sufficient to change its character to property concurrently owned by Husband and Wife.


Monday, October 7, 2019

Robison, et al. v. Pinto, et al.


Mother and Father of Children were divorced, executing a property settlement agreement, which provided Mother with sole custody of Children. However, in the event of either parent’s death, it provided for sole custody to the other parent. After, Mother moved to North Carolina and married Husband. Several years later, Father filed a motion to modify custody, seeking sole custody, which Mother opposed. Mother died during the pendency of the action.


Tuesday, October 1, 2019

Cabinet for Health and Family Services, et al. v. K.S.


Mother advised hospital personnel, after birth of Child, that she did not know how to properly care for Child. The Cabinet for Health and Family Services (“the Cabinet”) became involved and took custody of Child, placing him in foster care six days later, where he has been for his entire life, more than four years. Mother resided with her mother in an unsuitable apartment, due to concerns with pests; the presence of Mother’s mother’s brother, who had prior abuse allegations; and lack of food.


Wednesday, September 18, 2019

S.T., et al. v. Cabinet for Health and Family Services, et al.


In a dependency, neglect, and abuse action, after a temporary removal hearing, custody of the minor children at issue was given to the Cabinet for Health and Family Services (“the Cabinet”), which put the minor child in foster care. Mother eventually named as a potential placement S.J. and D.J. (collectively, “the Js”)—a married couple Mother had met through a ministry and considered to be family friends. Father named no potential placements. Temporary custody was given to the Js during a pretrial hearing. Eventually, the Js moved for permanent custody of the minor children.