When planning for divorce, it is important to consider the tax implications that many decisions made during your divorce may have. One important factor to consider is how the tax code treats spousal support payments made from one spouse to the other. If your divorce decree was entered before December 31, 2018, the support payor...Read More

T.R.F. v. D.A.H. Jefferson Circuit Court Biological Father and Mother were in a relationship for approximately ten years but never married. They had two children. The relationship was tumultuous, as Biological Father abused alcohol and was often intoxicated, during which time he was often abusive to Mother, which the Children witnessed. In a custody case...Read More

As part of a dissolution of marriage with children or a custody case, the court will determine the custody arrangement that is in the best interest of the children. A child’s legal custodian makes decisions regarding the child’s education, health care, and religious training. The parent that the court determines should be the legal custodian...Read More

Iqtaifan v. Hagerty Jefferson Circuit Court Questions Presented: Family Law. Foreign Judgments. Writ of Mandamus. Opinion of the Court affirming the Court of Appeals’ denial of a writ of mandamus against family court judge for failure to dismiss a petition for dissolution of marriage on grounds that the parties were already divorced under the laws...Read More

Kentucky statute provides for grandparent visitation on quite limited grounds. In 2020, KRS 405.021(1)(b) and (c) were found to be unconstitutional, thus leaving intact only KRS 405.021(1)(a) and KRS 405.021(3) as the only potential avenues for a grandparent to obtain visitation. Pinto v. Robison, 607 S.W.3d 669, 671 (Ky. 2020). KRS 405.021(3) allows a grandparent...Read More

S.S. v. Cabinet for Health and Fam. Servs., Com. Ohio Family Court After giving birth to Child, Mother suffered many medical issues, which prevented her from providing the level of care she wanted to give Child, leaving the care mostly to Father. Child was suffering from diarrhea and vomiting, prompting Mother to call the pediatrician....Read More

It has long been the law of the Commonwealth of Kentucky that guardians of disabled adults can assist with many tasks, but filing a divorce case on the ward’s behalf has not been one of those tasks. (A ward is the incapacitated / disabled person who has a guardian). One can imagine the frustration that...Read More

The question of when to file a divorce is both a legal question and a practical question. Legally, if you want to file a divorce action in the Commonwealth of Kentucky, the Court must have jurisdiction to hear your case. At the most basic level, you must meet the KRS 430.140 residency requirement “that  one ...Read More

M.C. v. Com., Cabinet for Health and Fam. Servs. Calloway Circuit Court Questions Presented: KRS 600.020(1). Abused or Neglected Child. Sufficiency of Evidence. Evidence of parent’s consumption of alcohol was not sufficient to support a finding that the children were abused or neglected under the statute and did not warrant removal. Father is the biological...Read More

Elderserve, Inc. ex rel. Brooks v. Hagerty Jefferson Circuit Court Questions Presented: Writ of Mandamus. Guardianship. Dissolution of Marriage.  While affirming the denial of a writ of mandamus, the Court overrules Johnson v. Johnson, 170 S.W.2d 889 (Ky. 1943) to the extent it strictly prohibited a guardian from initiating an action for dissolution of marriage...Read More