Thurman v. Thurman Trial Court entered a DVO against Father. Nothing in the record of the domestic violence hearing showed that a summons was served on Father. Mother argued the summons was served on Father at his last known address and that Father told Mother he was aware of the date of the hearing. The...Read More
C.F. v. Commonwealth of Kentucky Trial court committed a minor to the Cabinet for Health and Family Services for habitual truancy at a dispositional hearing. The minor argued that his due process rights were violated when the Trial Court failed to take any sworn testimony and the parties were not given the opportunity to present...Read More
N.B.D. v. Cabinet for Health and Family Services; N.M.D.J., A Minor Child; R.D.; and F.J. Under the Immigration and Nationality Act, an undocumented juvenile immigrant may apply for permanent residency by obtaining special immigration status. To obtain special immigration status, the immigrant child must present findings to a state juvenile court that satisfy certain criteria....Read More
Smith v. McGill After rendering a custody decision in favor of mother, the trial court ordered father to pay mother’s attorney’s fees pursuant to KRS 403.220. The trial court made its decision after considering the father’s annual income of $32,000.00, the mother’s annual income of $41,000.00, and the father’s lack of candor and cooperation which...Read More
Cabinet for Health and Family Services, Commonwealth of Kentucky on Behalf of the Minor Child C.R. v. C.B. Trial court found child born with drugs in her system to be neglected by Father who had a history of drug addiction, was not compliant with his case plan with the Cabinet, and had a previous involuntary...Read More
Clark v. Parrett Family court entered a DVO against former live in boyfriend based solely on girlfriend’s petition and without conducting an evidentiary hearing. While boyfriend consented to staying away from girlfriend at the family court hearing, the hearing only lasted only one minute and thirty-three seconds and neither party presented sworn testimony. The boyfriend...Read More
Husband and wife divorced in 2004. Husband paid maintenance pursuant to a non-modifiable award set forth in a Marital Settlement Agreement. Ten years later, Husband moved to terminate his obligation due to a change in employment. The family court entered an Order terminating maintenance pursuant to KRS 403.250(1) stating it gave the family court “authority...Read More
K.S. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES Trial court terminated the parental rights of young, autistic mother who was compliant with all Cabinet recommendations. Mother appealed arguing the trial court erred because the Cabinet had not demonstrated the statutory grounds for termination by clear and convincing evidence. The Court of Appeals...Read More
ROBINSON V. ROBINSON Mother and Father were divorced in Kentucky. Mother subsequently relocated with minor child to North Carolina. The North Carolina court heard several custody and parenting time issues, after which Father challenged the Court’s jurisdiction. Pursuant to the UCCJEA, Kentucky found that it would be “an inconvenient forum and relinquished jurisdiction to the...Read More
C.S., A MINOR CHILD V. COMMONWEALTH OF KENTUCKY “A court may only hold a child in contempt of court to enforce a valid court order previously issued by the court. KRS 610.010(11). It is manifestly unjust to subject a juvenile to sanctions for contempt, especially confinement in a detention facility, when the status offense case...Read More
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