Paoli v. Paoli Marion Circuit Court After a hearing and order in a dissolution of marriage action, Husband appealed arguing that Family Court erred in its valuation of the marital items of personal property divided between the parties. The only party who presented testimony regarding the value of the personal property was Wife, which was...Read More

Diana L. Skaggs + Partners, PLLC is proud to announce our merger with Goldberg Simpson , LLC. We are thrilled to be bringing our entire team to join Goldberg Simpson.Read More

The two issues decided by the Supreme Court of Kentucky in this case were (1) whether the juvenile division of District Court has exclusive jurisdiction over IPO cases involving a minor petitioner and/or respondent; and (2) whether an unrepresented minor that is a petitioner or respondent to an IPO action must be appointed counsel.Read More

At issue in this case was (1) whether statements of a child to a treating therapist regarding alleged abuse constitute inadmissible hearsay; (2) whether statements of a child to a treating therapist regarding the alleged perpetrator of abuse constitute admissible hearsay; and (3) whether the trial court erred by failing to give more consideration to...Read More

he Supreme Court disagreed. CR 52.01 requires the trial court to finds the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment.Read More

Burgess v. Chase Hardin Circuit Court Grandmother moved to intervene in custody action between Mother and Father, requesting to be considered Child’s de facto custodian and be awarded custody of child. At the hearing on the matter, Grandmother introduced evidence that she provided the majority of care and support of Child with her in Kentucky....Read More

K.D.H. v. Com., Cabinet for Health & Fam. Servs. Spencer Circuit Court After the Cabinet for Health and Family Services (“the Cabinet”) petitioned to terminate Mother’s parental rights, Family Court held a hearing, ultimately terminating Mother’s parental rights. Mother appealed. The Court of Appeals held that there was no clear and convincing evidence that the...Read More

Many people enjoy a very close relationship with their stepparent or stepchild.  Sometimes this bond is just as strong as if the individuals were in fact parent and child biologically.  However, it is important to remember that for most legal purposes, a stepparent and stepchild relationship is entirely meaningless.  You should never make assumptions about...Read More

Kentucky’s custody and parenting time statue does not favor a mother over a father. Instead, Kentucky courts apply a best interest standard to determine a parenting time schedule that is in the best interest of the child. There is a rebuttable presumption that equal parenting time is in the child’s best interest. While a father’s...Read More

It is not uncommon for married couples to hold title to assets in the name of only one spouse. Most often, couples will hold a joint savings or checking account and also have separate banking, investment, and retirement accounts. In Kentucky, all assets acquired during the marriage are presumed to be marital property and subject...Read More