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

Stratton v. Commonwealth of Kentucky, 182 SW3d 516 (Ky., 2006) Actions of Cabinet for Families and Children in investigating allegations of child abuse are discretionary, therefore, Cabinet has immunity from negligence claims.Read More

Wheeler v. Wheeler, 154 SW3 291 (Ky.App., 2005) Where first maintenance modification motion was denied, and no modification resulted, the trial court must look at change of circumstances since the original agreement or decree. Res judica does not preclude the court from looking at facts and circumstances occurring prior to the first motion for modification...Read More

We have been slowly doling out the final KY decisions of the last year as we build our online database, so we can keep the blawg interesting with other material. Now we’re ready to move on to the latest and greatest, so you will see a blitz of the final decisions of the last year...Read More

Jeffrey v. Jeffrey, 153 SW3d 849 (Ky.App., 2005) KRS 454.220, enacted in 1992, supersedes prior case law and permits a divorce court in Kentucky to assert long arm jurisdiction to distribute marital property, wherever located, and to set spousal support where Kentucky was the matrimonial domicile and the action was filed within one year of...Read More

There is an online site to help parents eliminate the conflict and put their children’s interest first, Up To Parents. Looks like these folks have the right idea! Michelle Eisenmenger Mapes learned of this resource on the Indiana Bar listserve.Read More

The Tax Code is law. We are lawyers. Why, then, do we see so many agreements that say “The parties acknowledge that their attorneys have not provided any tax advice, blah, blah, blah?” Yes, it is an attempt at an exculpatory clause for the attorneys. However, did you know that such language could be used...Read More