Pasley v. Pasley, DVO reversed in absence of allegations of physical abuse or threats of physical abuse. N.H v. Cabinet for Health and Family Services, et al, circuit court had paternity jurisdiction where spouses had no marital relations for more than 10 months before birth of child. Digests to follow.Read More
Telek v. Daugherty, domestic violence order reversed for lack of jurisdiction where respondent had been served but hearing was held more than 14 days after emergency protective order was entered. Cabinet for Health and Family Services v. I.W., Jr., et al, denial of petition to terminate parental rights reversed. Digests to follow.Read More
No published family law opinions were rendered. Discretionary review was granted in Cabinet for Health and Family Services v. Ivy. Our digest of the Court of Appeals opinion is here. Read More
Caskey v. Caskey, 2010-CA-000667-ME Issue: Modification of Primary Residential Parent Published: Reversing and Remanding County: Wolfe After Child was attacked by a third party while in Mom’s care, Dad filed a motion for an Order modifying primary residential parent from Mom to him and changing fifty-fifty timesharing to standard visitation schedule. TC denied the Order...Read More
Caskey v. Caskey, Ky Court of Appeals reversed denial of father's motion for primary residence where child had been assaulted in mother's presence. Digest to follow.Read More
Harrison v. Leach, 2010-SC-000018-DGE Published: Vacating and Remanding County: Estill Because the issue of standing, which can be waived, is distinct from the issue of subject-matter jurisdiction, the Supreme Court held that an appellate court cannot, sua sponte, resolve an appeal based on a lack of standing before the trial court when no party had...Read More
The Court accepted discretionary review in Woodson v. Woodson, in which the Court of Appeals upheld the trial court as it lacked authority to rule contrary to Dame v. Dame. The Court of Appeals' unpublished opinion is here. So, the question is whether fixed payments of maintenance over a fixed period of time remain non-modifiable....Read More
