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
KEITH V. KEITH Family court dissolved the marriage of Husband and Wife with three children after a DRC recommendation and evidentiary hearing. Each party filed exceptions to the DRC report, the Court sustained one and overruled the rest. Wife raised several issues on appeal. First, Wife argues that the DRC improperly adopted the findings and...Read More
FRY V. CAUDILL Stepfather filed a petition for visitation with stepchildren. Biological father’s rights had been terminated and although stepfather had not adopted the children, they had his last name, called him dad, and relied on him solely for financial support. Mother disagreed testifying the children were afraid of their stepfather. The family court ultimately...Read More
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