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
AGNICH V. TYLER Same-sex parents, after separation, had joint custody and an agreed parenting-time schedule for their two minor children, twins with autism. Appellee moved the trial court to allow her to move from Lexington, Kentucky to St. Joseph, Missouri area. The court granted her motion allowing relocation finding Missouri had better services for autistic...Read More
K.C.O. V. CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. Trial Court awarded grandparent visitation to paternal grandparents in a DNA action. Paternal grandparents had not filed a Petition to intervene or requested visitation. Parents appealed. The Court of Appeals vacated the grandparent visitation order holding that a Trial Court may not sua sponte award...Read More
ETSCORN V. ESTCORN, ET AL. Wife believed Husband transferred marital property to his sons to deprive her of the marital estate. Wife filed an amended Petition in an attempt to join the sons and business to the dissolution action. The sons and the business moved to be dismissed. The trial court dismissed and state it...Read More
JUDE WEBER V. THOMAS FRANCIS LAMBE The trial court awarded maintenance based on its finding that Wife’s reasonable living expenses totaled $5,800 monthly, including $1,440 of the children’s living expenses. Accordingly, Husband was ordered to pay maintenance. Husband was also ordered to pay an additional $15,000 for wife’s attorney fees based on an imbalance in...Read More
CALHOUN V. WOOD Appellant appealed an Interpersonal Protective Order (“IPO”) arguing the trial’s courts finding that stalking occurred was not supported by the evidence. Although the IPO had expired rendering the appeal moot, the Court of Appeals held that as IPOs are almost identical to DVOs the case meets the “collateral consequences” exception to mootness...Read More
HARVEY V. ROBINSON Wife and Husband’s divorce was finalized in 2002 at which time Wife was awarded the marital home and property valued at $856,000. At that time, Husband was ordered to return the landscape around the home to an appropriate residential landscape, as he had business equipment on the property. There is no dispute...Read More
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