GIESE V. GIESE Husband’s maintenance obligation was established by a Tennessee Court. Husband filed a motion to modify his maintenance obligation in Kentucky. The Kentucky court denied his motion. Husband filed this appeal arguing the Kentucky trial court lacked subject-matter jurisdiction to make any order on spousal maintenance. The Court of Appeals agrees with Husband...Read More
NUNLEY, ET AL. V. NEULING Grandparents filed a petition for grandparent visitation on June 27, 2012. They entered into an agreed order in the matter on July 24, 2012, which was set aside by order entered December 20, 2013. Grandparents filed a notice of appeal, but while that appeal was pending entered into two additional...Read More
BALDWIN V. MOLLETTE, ET AL. Incarcerated father’s motion for visitation and access to his children was denied by trial court. The court of appeals reversed the trial court’s holding and remanded for another hearing as the trial court failed to make a finding regarding endangerment pursuant to KRS 403.320(1). “… a presumption for visitation exists...Read More
ANNE M. TALLEY V. DANIEL J. PAISLEY Questions Presented: Real Estate. Partition. Joint Tenancy with Right of Survivorship. Division of proceeds of sale of realty owned by unmarried cohabiting couple in joint tenancy with right of survivorship. An unmarried couple owned real estate in joint names with a right of survivorship. Boyfriend made the majority...Read More
WILLIAMS V. WILLIAMS Due to Father’s history of sexual abuse, he was denied visitation with his minor children. After three years without contact, he filed a motion asking for visitation. After the court interviewed the children and reviewed their counseling records, pursuant to agreement of the parties, it entered an order denying Father’s motion. Father...Read More
BAIZE V. PEAK Trial court granted Father primary custody after a hearing. The trial court made findings including that mother moved frequently causing the child to change schools four times in one academic year. Mother appealed arguing the trial court “ improperly considered her personal life” and failed to make the factual findings required by...Read More
M.P.R. V. COMMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN, ET AL. The trial court terminated rights of father with a long history of incarceration and drug abuse. Father appealed arguing the court erred in finding he had abandoned child and did not give “appropriate weight to his fundamental rights.” The Court of Appeals affirmed...Read More
BELT V. COMMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN, ET AL. Trial court held Father in contempt, after hearing, for failing to pay child support. Trial court ordered incarceration of Father unless he purged the contempt by paying half of the overdue child support arrearage. Father appealed arguing on appeal that the court “erred...Read More
C. K. V. CABINET FOR HEALTH AND FAMILY SERIVCES, COMMONWEALTH OF KENTUCKY, ET AL. Mother died in a home fire and the Cabinet took emergency custody of child. The Cabinet placed child with maternal grandmother. The Cabinet also filed a dependency action against Father who had not seen child in over two years. Father “filed...Read More
H. M. R. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Trial court initially found that Father had not abandoned child, but upon motion to alter, amend, or vacate from the Cabinet “concluded that Father had abandoned Child during the time Child was in foster care” referencing Father’s failure to complete...Read More
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