NEIN V. COLUMBIA, ET AL. Grandparents had frequent contact with grandson, acting as his primary caregiver until Mother slowly cut off their time with grandson completely. Grandparents filed a Petition for Grandparent Visitation and the trial court awarded them grandparent’s visitation rights. Mother appealed first arguing that the trial court abused its discretion in awarding...Read More

VARNEY V. BINGHAM Unmarried Father and Mother were involved in a long, contentious custody proceeding. Ultimately, Father was awarded sole custody of the child. In supporting its decision, the Trial Court cited Mother’s past drug use and criminal history as “evidence of a weak mental condition that could negatively affect her ability to parent.” Mother...Read More

JONES V. JONES, ET AL. The Trial Court held that Aunt met the standards for a de facto custodian and awarded joint custody to Father and Aunt, imposing a child support obligation against Father without consideration of Aunt’s income and requiring Father to pay a portion of Aunt’s attorney’s fees. Father appealed as to custody,...Read More

KEETON V. KEITH Mother brought a motion asking court to settle a dispute over schooling between Mother and Father. The Trial Court entered an order pursuant to KRS 159.010 placing the child in Mother’s school of choice. The Court of Appeals vacated the order holding that KRS 159.010 “merely directs placement of a child in...Read More

THOMAS K. STONE V. PENNIE DUBARRY (NOW DETORRES), ET AL. Wife signed an employment contract with attorney which gave him a lien on all of her assets. Parties subsequently entered into a Marital Settlement Agreement which provided Husband would buyout Wife’s interest and receive marital home. It further provided each would pay his or her...Read More

Financial disclosure forms are required to be filed in divorce and separation cases in Louisville and across the state of Kentucky pursuant to family court rules. It is common that your husband or wife may file the form incorrectly as many couples do not have the correct understanding of what items should be disclosed. Kentucky...Read More

One of the common questions asked by a husband or wife going through a divorce is whether a court appearance is required if neither side is contesting the divorce. Family courts see dozens of parents and spouses fighting about custody, child support, how to divide property, and other issues on a weekly basis. The reason...Read More

ALBERT W. BARBER, III V. ELIZABETH D. BRADLEY Husband appealed to the Court of Appeals arguing the trial court erred by finding the equity in the parties’ residence was marital property and ordering the division of household goods and furnishings by lot. The Court of Appeals affirmed the trial court. The Supreme Court granted discretionary...Read More

FINK V. FINK Husband filed an appeal of an award of attorney fees, but failed to name Wife’s attorney as a party. As the fee award was “ordered paid directly to the attorney, the attorney ‘may enforce the order in his own name’ and, thus is the real party in interest and a necessary and...Read More

CHERRY V. CARROLL, ET AL Children resided in caretaker’s home for less than seven months after placement by CHFS and then were returned to Father. Upon caretaker’s Petition, the trial court designated him a de facto custodian. Father appealed arguing caretaker did not meet the statutory requirements to be a de facto custodian. The Court...Read More