WILLIAMS V. WILLIAMS Due to Father’s history of sexual abuse, he was denied visitation with his minor children. After three years without contact, he filed a motion asking for visitation. After the court interviewed the children and reviewed their counseling records, pursuant to agreement of the parties, it entered an order denying Father’s motion. Father...Read More
NAVE V. FEINBERG, PHD., ET AL. Kentucky courts continue to hold that court-appointed custodial evaluators are entitled to quasi-judicial immunity.Read More
BAIZE V. PEAK Trial court granted Father primary custody after a hearing. The trial court made findings including that mother moved frequently causing the child to change schools four times in one academic year. Mother appealed arguing the trial court “ improperly considered her personal life” and failed to make the factual findings required by...Read More
M.P.R. V. COMMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN, ET AL. The trial court terminated rights of father with a long history of incarceration and drug abuse. Father appealed arguing the court erred in finding he had abandoned child and did not give “appropriate weight to his fundamental rights.” The Court of Appeals affirmed...Read More
BELT V. COMMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN, ET AL. Trial court held Father in contempt, after hearing, for failing to pay child support. Trial court ordered incarceration of Father unless he purged the contempt by paying half of the overdue child support arrearage. Father appealed arguing on appeal that the court “erred...Read More
C. K. V. CABINET FOR HEALTH AND FAMILY SERIVCES, COMMONWEALTH OF KENTUCKY, ET AL. Mother died in a home fire and the Cabinet took emergency custody of child. The Cabinet placed child with maternal grandmother. The Cabinet also filed a dependency action against Father who had not seen child in over two years. Father “filed...Read More
H. M. R. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Trial court initially found that Father had not abandoned child, but upon motion to alter, amend, or vacate from the Cabinet “concluded that Father had abandoned Child during the time Child was in foster care” referencing Father’s failure to complete...Read More
A state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. Howell v. Howell opinion analysis is here.Read More
ASHLEY V. ASHLEY DVO was entered against Husband who appealed arguing that there was insufficient evidence to support the entry DVO. The Court of Appeals reviews the record noting intoxicated Husband screamed at wife, threatened to call CPS, called and hung up on 911, hit Wife across the arm, and later texted wife threatening to...Read More
WALKER V. WALKER In 2012, Wife obtained a DVO against Husband. When the DVO expired, the court entered an Order adopting the same terms of the DVO preventing Husband from owning or possessing a firearm. When that order expired, Husband obtained an order allowing for the return of his guns and wife filed a petition...Read More