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

RUTH ANN SADLER V. BARBARA LOIS VAN BUSKIRK Husband died many years after his divorce, but despite his remarriage, he had not removed his former wife as the beneficiary of his IRA. In the parties’ marital settlement agreement they had agreed to make “no claim upon any interest owned by the other, now or in...Read More

CABINET FOR HEALTH AND FAMILY SERVICES V. J.M.G., ET AL. In the midst of a lengthy dependency, neglect, and abuse, case the family court held CHFS in contempt for failure to file the required case progress report per KRS 620.240 and failure to immediately obtain a pretrial conference date per FCRPP 34(1). The Supreme Court...Read More

CABINET FOR HEALTH AND FAMILY SERVICES V. S.H,; V.N.M.J.R.N., A CHILD, ET AL. The family court held a termination of parental rights hearing allowing a social worker to testify on behalf of CFHS with no prior notice to Mother. Mother objected arguing FCRPP 7(1) applied to a termination of parental rights hearing and she should...Read More

JONES-SWAN v. LUTHER Biological parents voluntarily placed children in Appellants’ care during a custody dispute in which biological father was seeking sole custody in an action for dissolution of marriage. Father was granted sole custody of the children. Appellants returned children to biological father and filed a petition requesting status as de facto custodians under...Read More

PAISLEY V. TALLEY An unmarried couple owned a home in joint names with a right of survivorship. Boyfriend made the majority of payments on the home mortgage and down payment. The couple’s relationship ended and the boyfriend filed a complaint asking the court to divide the equity in the home in proportion to each parties’...Read More

LAMBERT V. LAMBERT Maternal grandfather who resided in Kentucky took possession of grandchildren whose mother resided in Pennsylvania, after mother took the children for a visit and never returned to retrieve the children. Grandfather filed a dependency, neglect, and abuse proceeding and was granted temporary custody of the children. Grandfather subsequently filed a petition for...Read More

GLODO v..EVANS, ET AL. Grandparents assumed care of children, with the exception of a special needs child, after biological mother and biological father were both incarcerated. The special needs child was placed with friend of grandparents equipped to deal with his special medical needs. Grandparents filed motion to be designated as de facto custodians and...Read More