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Changing A Minor Child’s Name Requesting a name change starts with the filing of a petition, generally in probate court. Recent changes in Kentucky law allow name changes to also occur in circuit/family court. The name change forms must be typed, not handwritten. When a minor child’s name is at issue, the petition must be...
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Less Than Custody But Better Than Nothing? Guardianship is a term that is commonly used, but generally misunderstood. Guardianship and custody are NOT the same from a legal perspective. Parents have a superior right to custody, and have a higher level of rights than what guardianship provides. Guardianship may be used if both parents are...
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Cabinet for Health and Family Services v. B.N.T. and K.S. Clark Circuit Court In 2016, a child was born to mother K.S. Prior to the child’s birth, K.S. had an intimate relationship with B.N.T., a married man and, at the time, Clark County Attorney. Based on the timing of their relationship, B.N.T. wished to establish...
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Cabinet for Health and Family Services v. Baker, et al. Bullitt Circuit Court On June 9, 2020, the Cabinet for Health and Family Services (the “Cabinet”) filed petitions for three siblings in the Bullitt County Family Court and opened a Dependency, Neglect, or Abuse (“DNA”) case. The same day, an order was entered, removing the...
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Waggoner v. Waggoner Jefferson Circuit Court Robert Waggoner filed a petition for a Domestic Violence Order (“DVO”) against his ex-wife, Christina, after a dispute at their former marital home occurred. An Emergency Protective Order (“EPO”) was entered and a DVO hearing was set. Preceding the hearing, counsel for both parties discussed a potential settlement agreement...
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An emerging part of family law addresses the rights of grandparents and other third parties (such as family members, i.e. uncles and aunts) in child custody and visitation cases. It also involves parents defending their ultimate right to custody against other family members who are involved in a family court dispute. The attorneys at Goldberg...
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J.L.R. v. A.L.A., et al. Madison Circuit Court On July 22, 2020, Grandparents of the Child in this matter initiated filed a “Verified Petition for Termination of Parental Rights and Adoption.” After conducting an evidentiary hearing, the family court entered a finding of facts and conclusion of law alongside a “Judgement of Termination of Parental...
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Lewis v. Fulkerson Oldham Circuit Court Wade B. Lewis and Laura R. Fulkerson, after a tumultuous relationship, filed a petition for dissolution of marriage on April 3, 2013. During the process, a key dispute was the gift status of a trust established in 2009, titled the Laura Renee Fulkerson (“LRF”) Trust. While Wade stated the...
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Dog in Moving Box
We are seeing more and more cases as people get relocated for work or, with the long-lasting impact of the COVID-19 pandemic, work remotely. People no longer have to work in downtown Louisville; they can live in Southern Indiana and just telecommute. Relocations already consume a high percentage of our cases, and I don’t expect...
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There may be people reading this blog who perhaps don’t even have kids. They might think, “I don’t have kids, so this isn’t an issue.” It actually is an issue for people who just have assets. To give an example, I worked with a couple who was living in Kentucky, and one of the parties...
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