R.S., ET AL. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES CFHS brought dependency and neglect action on behalf of sons as father was a registered sex offender. Their action was not precipitated by any violation of the law. The family court entered orders requiring all contact between sons and father to be...Read More

MIRANDA V. MIRANDA This matter came before the Court on two separate appeals involving the same parties. The facts of the first appeal concern the marital residence. Pursuant to the parties’ Marital Settlement Agreement, Husband was to pay Wife $15,000.00 after he refinanced the marital home within 90 days. The agreement separately stated that if...Read More

LEWIS V. FULKERSON Both Husband and Wife appealed Court Order entered after a trial on all issues. Wife argued that the family court erred in finding that all of the proceeds from the sale of Husband’s businesses were his nonmarital property. Husband argued the family court erred in determining the character of Wife’s Trust corpus...Read More

MARCHESE V. AEBERSOLD “Questions Presented: Family Law. Domestic Violence Orders. Extrajudicial Information. Respondent in a domestic violence case was denied a fair hearing when the family court considered extrajudicial information in support of its decision to enter a DVO.” Aebersold filed for a Domestic Violence Order against Marchese alleging stalking. The parties appeared at the...Read More

S.S. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. Family court terminated mother’s parental rights and allowed for step-mother adoption. Mother appealed arguing that the trial court failed in finding it could not appoint counsel on her behalf. The Court of Appeals agreed holding that because an “adoption without the consent...Read More

CALLIHAN V. CALLIHAN During the marriage Husband obtained a loan from PNC Bank for his business which wife signed as a guarantor. The parties subsequently entered into a Marital Settlement Agreement which provided each party would be responsible for debt solely in their name and Husband would hold harmless and indemnify Wife for business any...Read More

GIESE V. GIESE Husband’s maintenance obligation was established by a Tennessee Court. Husband filed a motion to modify his maintenance obligation in Kentucky. The Kentucky court denied his motion. Husband filed this appeal arguing the Kentucky trial court lacked subject-matter jurisdiction to make any order on spousal maintenance. The Court of Appeals agrees with Husband...Read More

NUNLEY, ET AL. V. NEULING Grandparents filed a petition for grandparent visitation on June 27, 2012. They entered into an agreed order in the matter on July 24, 2012, which was set aside by order entered December 20, 2013. Grandparents filed a notice of appeal, but while that appeal was pending entered into two additional...Read More

BALDWIN V. MOLLETTE, ET AL. Incarcerated father’s motion for visitation and access to his children was denied by trial court. The court of appeals reversed the trial court’s holding and remanded for another hearing as the trial court failed to make a finding regarding endangerment pursuant to KRS 403.320(1). “… a presumption for visitation exists...Read More

ANNE M. TALLEY V. DANIEL J. PAISLEY  Questions Presented: Real Estate. Partition. Joint Tenancy with Right of Survivorship. Division of proceeds of sale of realty owned by unmarried cohabiting couple in joint tenancy with right of survivorship. An unmarried couple owned real estate in joint names with a right of survivorship. Boyfriend made the majority...Read More