We first saw the BIG news of the day at The Art of Divorce blog which linked to an AP story reporting on the U.S. Supreme Court’s refusal to block a lesbian woman from pursuing a custody claim to a child conceived by her partner through artificial donor insemination. The case arises from Washington state,...Read More
The Indiana Law Blog posts thoughtful excerpts from an editorial in today’s Fort Wayne News Sentinel concerning adoption by same sex couples. The Indiana Law Blog also reports today that the Indiana Supreme Court has been asked to review a decision permitting joint adoption by an unmarried couple, citing conflicting lower court rulingsRead More
Alan Pearlman, who writes the Chicago Family Law Blog, has a great article on the tax side of dividing retirement assets upon divorce: Tax Issues Related to Qualified Domestic Relations Orders and Divorce It is reprinted below. Thanks, Alan.Read More
The Contra Costa Times has an article on domestic violence against men. Thanks to Janet Langjahr’s FlaDivorceLawBlog, for reporting on this. Janet was also kind enough to give me a couple of tips for linking and better describing other family law blogs, which we put in place this weekend.Read More
Commonwealth v. C.J., a Child; 156 SW3d 296 (Ky., 2005) There is no right of appeal from a Juvenile Court ruling that a case is to be resolved by informal adjustment.Read More
C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor; S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor; S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor, 180 SW3d 485 (Ky., App., 2005) Adoption without the consent of living biological parent is by its very nature a proceeding seeking the termination of...Read More
A.W., a Child v. Commonwealth, 163 SW3d 4 (Ky., 2005) KRS 635.060 does not act as a limitation on the length of sentence a Juvenile Court may impose in the appropriate exercise of its inherent contempt powers for violation of its orders. A juvenile can be held in contempt for violating the conditions of probation.Read More
T.D., a Child v. Commonwealth and D.B., a Child v. Commonwealth of Kentucky; 165 SW3d 480, (Ky.App., 2005) Complaints charging juveniles as habitual truants should have been dismissed for lack of jurisdiction. KRS 159.140 requires the director of pupil personnel to perform a home assessment. KRS 630.060(2) provides that no complaint shall be received unless...Read More
Wright v. Wright and Fraley v. Fraley, 181 SW3d 49 (Ky.App., 2005) A full evidentiary hearing must be afforded by the Court before entering or denying a DVO.Read More