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The Family Law Professor’s Blog reported on this case today following yet another N.Y. Times article. Detective Anthony Pellicano was indicted in February following a long investigation which is including more than one divorce lawyer in its net. One of the allegations is that the lawyer received wiretapping information from the detective. Moral of the...
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ED v. Commonwealth of Kentucky and Cabinet for Health and Family Services, 152 SW3d 261 (Ky.App., 2004) District Court order permitting grandparent to visit during parents’ visitation time was insufficient to entitle grandmother to visitation after parental rights of parents were terminated. Statute governing grandparent visitation requires a visitation order issued by Circuit Court prior...
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Chief Judge Stephen George gave an excellent presentation on relocation at the AAML/LBA seminar last week,” Fenwick, Dead or Alive?” We have made an editorial decision, though, not to report on judges’ comments on this blog. The ABA Family Law Advocate features relocation as the subject of its most recent edition and contains a good...
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We found this helpful site, Reporters’ Committee for Freedom of the Press, thanks to John Stout on the ABA Family Law Section listserve. We tell our clients in KY that phone conversations cannot be taped if the client is not a party to the conversation. The tricky part is conversations between persons in different states....
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S.R.D. v. T.L.B., 174 SW3d 502 (Ky. App., 2005) Husband who held himself out to be child’s father for 9 years was equitably estopped to deny paternity and child support obligation when at the time of the divorce decree there was and uncontested assertion that the marriage produced three children.
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Com., Cab. For Health & Family Services v. Byer, 173 SW3d 247 (Ky.App,. 2005) Cabinet for Health & Family Services was a party to the action because it initiated dependency action, but trial court order directing the Cabinet to pay expert witness fees was reversed because KRE 760(A) requires a court to enter a show...
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Cox v. Cox, 170 SW3d 389 (Ky., 2005) Where Texas lacked minimum contacts with the husband and, therefore, lacked jurisdiction to impose a lien on property in Kentucky, its judgment regarding the lien was not entitled to full force and credit and was not a “foreign judgment” under the UEFJA.
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Dobson v. Dobson, 159 SW3d 335 (Ky.App., 2004) Spouse granted innocent spouse relief by the IRS is not entitled to res judicata and trial court assignment of tax deficiency 40% to innocent spouse was upheld. Tax audit has uncovered a tax deficiency, but trial court reasoned that the parties benefited from the lower tax burden...
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Goff v. Goff, 172 SW3d 352 (Ky., 2005) Applying the UCCJA, Kentucky had subject matter jurisdiction to enter the initial custody decree, but was without continuing jurisdiction to modify it because Tennessee was unquestionably the home state of the child. Parties were married in Tennessee (June 1996) and purchased a home in Nashville. Less than...
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Now that we are a bit public, it seems appropriate to talk about the scholarship of legal blogs. In a posting on 3L Epiphany a U.S. District Court Judge is interviewed about his use of blogs as secondary authority. We found it today from a Dennis Kennedy posting on Corante. and then saw it all...
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