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Case Law – Kentucky
Lego
Warawa v. Warawa As part of an Agreed Order, Mother and Father agreed they would use a parenting coordinator with a “limited role.” “Issues of custody and parenting time, other than minor issues such as vacation dates, special occasions, etc. [were to] be addressed by the Court . . . .” Later, Mother filed a...
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Family Washing Hands
Robison, et al. v. Pinto, et al.   Mother and Father of Children were divorced, executing a property settlement agreement, which provided Mother with sole custody of Children. However, in the event of either parent’s death, it provided for sole custody to the other parent. After, Mother moved to North Carolina and married Husband. Several...
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Colorful Stack of Files
Cabinet for Health and Family Services, et al. v. K.S.   Mother advised hospital personnel, after birth of Child, that she did not know how to properly care for Child. The Cabinet for Health and Family Services (“the Cabinet”) became involved and took custody of Child, placing him in foster care six days later, where...
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Stylish 50+ woman working from home.
Krieger, et al. v. Garvin, et al.   In a temporary removal hearing, Family Court awarded temporary custody of eight-month-old Child to her maternal Grandfather and Grandfather’s long-term Girlfriend, with whom Grandfather cohabitated. Mother later stipulated to risk of abuse or neglect, and Family Court ordered temporary custody of Child was to remain with Grandfather...
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S.T., et al. v. Cabinet for Health and Family Services, et al.   In a dependency, neglect, and abuse action, after a temporary removal hearing, custody of the minor children at issue was given to the Cabinet for Health and Family Services (“the Cabinet”), which put the minor child in foster care. Mother eventually named...
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Credit Card and Laptop
Nelson v. Ecklar Father petitioned for joint custody of Child, and temporary orders for custody and child support were entered. Father was ordered to pay $371.00 per month in temporary child support. The parties later entered into a parenting agreement whereby “no child support [would] be exchanged between the parties,” “[e]xpenses for fees for school,...
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Panda Puzzle
Commonwealth of Kentucky, Cabinet for Health and Family Services v. NBD Under the Immigration and Nationality Act, an undocumented juvenile immigrant may apply for permanent residency by obtaining special immigration status. To obtain special immigration status, the immigrant child must present findings to a state juvenile court that satisfy certain criteria. A Family Court declined...
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Pink Piggy Bank
Martin v. Commonwealth of Kentucky Cabinet For Health and Family Services Trial Court Ordered Father to pay $161.00 per month in child support and $25.00 per month toward an arrearage to his Former Wife. The parties’ settlement agreement provided that “parties shall not pay any amount of child support to either party as agreed upon...
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Grandpa and Baby
Morton v. Tipton Trial Court, using the preponderance of the evidence standard, awarded limited grandparent visitation to Paternal Grandfather. Custodial Maternal Grandfather and Step-Grandfather challenged the Trial Court’s decisions arguing that the proper standard of proof to be used by the Trial Court was the Clear and Convincing Evidence standard. Paternal Grandfather argued that the...
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Toddler Holding Hand
E.K. and N.K. v. T.A. and A.C.K., A MINOR CHILD   Father filed a petition for (1) adoption under KRS 199.502 and (2) involuntary termination of natural mother’s rights under KRS 625.050. Father did not join the Cabinet as a party. The minor child resided with Father and Step-Mother. Mother argued the petition should be...
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