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

T.W. V. CABINET FOR HEALTH AND FAMILY SERVICES Mother and father’s parental rights were terminated involuntarily by trial court after a hearing. While Mother and Father had counsel present at the hearing, counsel believed he had a conflict of interest and did not participate in the hearing. Although counsel asked to withdraw, the trial court...Read More

PATTERSON V. WINCHESTER A DVO was entered by Fayette Family Court preventing father from exercising his parenting time as ordered by Whitley Circuit Court, the court with jurisdiction and venue over custody and visitation. Father filed a motion in the Whitley Court case requesting sole custody and for restoration of his visitation rights. Mother responded...Read More

SHOWN V. SHOWN In a previous related case, the Supreme Court held that Husband’s Kentucky teacher’s retirement account was considered marital property under KRS 403.190(1). Shown v. Shown, 233 S.W.3d 718 (Ky. 2007). Subsequently, the trial court divided the marital portion of husband’s retirement without consideration of the complex financial calculations used to make the...Read More