In a contentious post-dissolution custody case, Father’s child support increased multiple times over a three-year period before he filed a motion to modify custody and timesharing, to reallocate the child tax exemption, and for reimbursement of childcare costs that he had paid to Mother, but that Mother had not actually incurred. The family court granted...Read More

In a contentious post-decree custody matter, the family court appointed a Friend of the Court (FOC) after Father moved to modify the existing custody and timesharing order. The FOC filed his report, in which he cited the children’s therapist (Therapist) as one of many collateral sources he interviewed during his investigation. The family court entered...Read More

Father sought an award of attorney fees in a child support modification matter pursuant to CR 68(3). He argued that he was entitled to reimbursement of his attorney fees because Mother ran up his discovery costs after he offered her a settlement that would have provided her with a child support amount higher than what...Read More

After Mother killed Father in Henry County, Aunt initiated a DNA action in Bullitt County and was awarded temporary custody of Child. Paternal Grandparents – without knowledge of the Bullitt County DNA action – filed a visitation action in Henry County that named Mother and Aunt as respondents and would later be transferred from Henry...Read More

Swan v. Gatewood Mother and Father were never married but shared one (1) child in common. Pursuant to the Parties’ mediated Agreement (“the Agreement”), the Parties were to share joint custody of their minor child and jointly make all decisions related to their child’s education, medical, and religious upbringing. The Agreement also granted Mother final...Read More

The court clarifies that while CR 37.02(3) does not apply to non-parties like Dr. Megronigle, there are other provisions in the rules that provide for sanctions against non-parties who disrupt the discovery process, such as CR 37.02(1)-(2).Read More

Modification of parenting time is governed by Kentucky Revised Statute (hereinafter “KRS”) 403.320. It is well settled Kentucky law that visitation should not be entirely denied without a finding that visitation would result in serious endangerment of the child.Read More

Applying Craig, the Kentucky Supreme Court found there was no showing of necessity, other than convenience to the witness, of balancing the victim’s interests that justified the surrender of the Defendant’s constitutional right of confrontation.Read More

The Supreme Court addressed three issues: whether the circuit court erred in modifying the original maintenance award; whether the failure to name an attorney with an enforceable attorney’s fees award is fatal to an appeal; and whether the attorney’s fee award was proper.Read More

The Court of Appeals found that the Family Court “failed to state that its conclusions were made pursuant to the clear and convincing evidence standard.”Read More