We do not usually post unpublished opinions from the Ky Court of Appeals but Geralds v. Geralds  is notable, giving guidance to the bench and bar about an issue that has perplexed us since Woodson v. Woodson in 2011.  Geralds holds that agreements for non-modifiable maintenance are enforceable. We don't know why the opinion was...Read More

BALL V. MCGOWAN A Nevada court entered a custody order, after which child and Father moved to Kentucky. Child did not return to Nevada after moving to Kentucky. Several years later, Mother filed an action for custody in Nevada, while Father filed an action for custody in Kentucky. Pursuant to the UCCJEA, the Kentucky trial...Read More

LEE, ET AL. V. LEE, ET AL. Wife obtained a common law judgment for attorney fees against Husband and his company in divorce action. Subsequently, Husband formed a new company. Wife obtained an order of garnishment for the new company’s bank account. Husband filed a motion to quash, which was denied by the family court....Read More

FEINBERG V. KEETON 2014-CA-001656-MR TO BE PUBLISHED CARTER http://opinions.kycourts.net/coa/2014-CA-001656.pdf Mother sued custodial evaluator for providing a false diagnosis regarding “parental alienation.” Trial court did not dismiss case after custodial evaluator made a claim of quasi-judicial immunity. The Court of Appeals holds that a custodial evaluator is entitled to quasi-judicial immunity and instructs the trial court...Read More

M.L.W. V. HEART TO HOME ADOPTION AGENCY, ET AL. Mother consented to adoption of her three children. Father contested the termination of his parental rights and appealed arguing that the findings of fact were insufficient to terminate his rights. The trial court stated that termination was in the children’s best interest, but did not make...Read More

GAMBREL v. GAMBREL Father appealed entry of a DVO, but failed to ensure the recorded hearing was included with the record on appeal. The Court of Appeals affirmed the entry of the DVO holding, pursuant to King v. Commonwealth, that without the recorded hearing they must assume the content of the hearing supported the entry...Read More

HENCYE V. WHITE, ET AL. A Domestic Violence Order had been entered against Husband, after which Wife filed a post-divorce motion requesting a parenting coordinator. Extensive litigation followed, including several motions for contempt and requests for attorney fees. Despite the fact that no active custody motion was before the court, Husband pursued numerous discovery requests,...Read More

MASSIE, ET AL. V. NAVY “Questions Presented: Domestic Relations. Grandparent Visitation. Issues include the applicability of Walker v. Blair, 382 S.W.3d 862 (Ky. 2012) and the “modified best interests” standard when a child’s custodians are a paternal uncle and aunt.” Maternal grandmother filed action for visitation against child’s aunt and uncle who had possession of...Read More

MCCARTY V. FARIED “Questions Presented: Family Law. Child Support. Income Exceeding Guidelines. Whether the trial court properly included projected expenses in the child’s reasonable needs when establishing an initial child support order for a high income parent.” Father is an NBA basketball player earning a salary of $1,434,665 and an additional $197,240 in endorsements. Mother,...Read More

CARVER V. CARVER Mother and Father, each collecting disability, had a child with Down Syndrome and significant health issues. The parties agreed to pay child support per the Kentucky guidelines, but Father never made any payments to Mother for support of the child. Via Domestic Relations Commissioner, the trial court held a hearing on child...Read More