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E.K. and N.K. v. T.A. AND A.C.K. Step-mother filed an amended petition for adoption of minor child under KRS199.502 and a request for termination of natural mother’s parental rights under KRS 625.050. The amended petition failed to join and serve the Cabinet as an indispensable party. Trial Court found the Cabinet was an indispensable party...
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Lady Justice
Carroll v. Carroll On March 10, 2015, Trial court entered an order granting joint custody of Minor Child to the Child’s biological mother and the biological mother’s wife. The petition for joint custody stated that the biological father was unknown. In February 2018, Biological mother filed a motion pursuant to CR 60.02(d) to set aside...
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Jar of Change
C.C. v. Commonwealth of Kentucky Ex Rel S.B. Trial Court revoked a conditional discharge of Father’s contempt sentence for failure to pay child support. On appeal, Father argued that the Trial Court erred when it denied his request to continue the final contempt hearing at which Father did not appear, by revoking the conditional discharge...
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USA Flag
Brockman v. Brockman   On appeal, Former Husband argued the Trial Court lacked Subject Matter jurisdiction to enter a divorce decree because neither party resided in Kentucky for 180 days prior to the filing of the petition. Former Husband also argued the Trial Court lacked jurisdiction to make a custody determination under KRS 403.800.  ...
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White Folders
Castle v. Castle Trial Court entered a Domestic Violence Order preventing Step-father from having contact with Wife and two minor step-daughters. The Trial Court marked portions of form AOC-275.3 indicating that a sexual assault had occurred and there was a possibility that it would occur again. Although the Court heard testimony from Wife and one...
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Clock
W.L.F. v. Cabinet Trial court entered an order denying Father’s motion to place his minor child with him or to permit unsupervised visitation. Court of Appeals dismissed Father’s appeal because the order of the trial court was interlocutory as it did not preclude Father from seeking similar or expanded relief in the future. Digested By:...
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Wooden Puzzle
F.V. v. Cabinet Trial court terminated Father’s parental rights pursuant to KRS 625.090(2). As grounds for termination, the trial court relied upon Father’s criminal history, alcohol abuse, and a ten month period of incarnation. While incarcerated, Father attended substance abuse classes and parenting classes. Once released, Father continued to attend substance abuse classes, provided weekly...
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Bookcase
S.B.P. v. R.L. and M.L. Biological Father, a federal inmate, of minor child, challenged judgment of adoption entered by Trial Court. The case was initiated by a petition filed by Child’s Maternal great-grandparents seeking involuntary termination of Father’s parental rights and voluntary termination of Mother’s rights. The petition was later amended to add a prayer...
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Flag of Kentucky
S.B.P. v. R.L. and M.L. Biological Father, a federal inmate, of minor child, challenged judgment of adoption entered by Trial Court. The case was initiated by a petition filed by Child’s Maternal great-grandparents seeking involuntary termination of Father’s parental rights and voluntary termination of Mother’s rights. The petition was later amended to add a prayer...
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Meeting 3
Baas v. Baas   Former husband and Former Wife executed a “bullet-point” written mediation agreement which listed several agreements related to the division of the couple’s property. Former Wife’s attorney was physically absent from the mediation for one hour, although her Attorney remained in contact with Former Wife during this period. Prior to reaching an...
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