CHADWICK V. FLORA, ET AL. Grandmother appealed an order finding she was not a de facto custodian of her grandchild. The order also denied her motion for custody and visitation. Grandmother’s first argument on appeal is that the trial court erred in finding she did not met the KRS 403.270(1)(a) standard for a de facto...Read More

WEDDING V. HARMON, ET AL. Father shared private co-parenting emails between the parties (Mother and Father) with teachers, other parents, and relatives. After holding a hearing, the trial court entered an injunction ordering Father not to forward others private email communications between the parties. Father appealed arguing the order unconstitutionally infringed his right to freedom...Read More

BROOKS V. BYRD Mother filed an appeal from a custody order while a post-judgment motion was pending. After the filing of the appeal, the trial court ruled on the post-judgment motion entering findings of facts, conclusions of law, and a custody/visitation order. Mother did not amend her notice of appeal and the post-judgment documents were...Read More

EVANS V.HESS, ET AL. The Kentucky Court of Appeals addressed three appeals stemming from the same Boone Family Court post-dissolution case: 2013-CA-002072-ME The first appeal filed by Father challenges the court’s subject-matter jurisdiction, custody modification, and child support modification. Father first argues the Kentucky court lacked subject-matter jurisdiction because the Petition was filed in Kentucky...Read More

E.Y. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Mother appealed trial court’s dependency adjudication arguing that as dependency was not alleged in the Petition, the trial court did not have the authority to make a finding of dependency. The mother did not raise the issue at the trial court level,...Read More

WELLS, ET AL. V. TOYE Foster parents  appealed from a Circuit Court decision finding they lacked standing to qualify as de facto custodians. The Appellate Court affirms the Circuit Court holding that the rule set forth in Swiss applies in this case. Swiss v. Cabinet for Families and Children, 43 S.W.3d 796, 797 (Ky. App....Read More

A. H. V. W.R.L. AND M.L.  “Questions Presented: Family Law. Custody. Same-Sex Relationship. Step-Parent Adoption. Intervention of Right. Trial court properlyallowed the child’s biological mother’s ex-partner, who allegedly co-parented the child for seven years and has a pending custodypetition, to intervene in the step-parent adoption case that would have declared mother’s husband to be the...Read More

LINDA DAVIS V. KAREN DAVIS, ET AL.  “Questions Presented: Family Law. Marital Dissolution. Property Settlement Agreements. Whether a lack of reference to a filed property settlement agreement in a dissolution decree voids such an agreement.” Husband and wife (“Linda”) entered into a Marital Settlement Agreement, but the Decree of Dissolution failed to incorporate the Agreement....Read More

W. L.C. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. Mother  appealed the  court order terminating rights to daughter after court terminated her parental rights for daughter and son, arguing the termination was not based on substantial evidence and the  trial should have been delayed to allow her an opportunity to...Read More

CRABTREE V. CRABTREE The Trial Court did not abuse its discretion in finding domestic violence occurred and was likely to occur again where husband threatened suicide multiple times in front of his wife and children. Husband argued that threatening to kill himself was insufficient to establish that he committed domestic violence and abuse. The Appellate...Read More