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Case Law – Kentucky
GAMBREL v. GAMBREL Father appealed entry of a DVO, but failed to ensure the recorded hearing was included with the record on appeal. The Court of Appeals affirmed the entry of the DVO holding, pursuant to King v. Commonwealth, that without the recorded hearing they must assume the content of the hearing supported the entry...
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HENCYE V. WHITE, ET AL. A Domestic Violence Order had been entered against Husband, after which Wife filed a post-divorce motion requesting a parenting coordinator. Extensive litigation followed, including several motions for contempt and requests for attorney fees. Despite the fact that no active custody motion was before the court, Husband pursued numerous discovery requests,...
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Grandparent
MASSIE, ET AL. V. NAVY “Questions Presented: Domestic Relations. Grandparent Visitation. Issues include the applicability of Walker v. Blair, 382 S.W.3d 862 (Ky. 2012) and the “modified best interests” standard when a child’s custodians are a paternal uncle and aunt.” Maternal grandmother filed action for visitation against child’s aunt and uncle who had possession of...
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Smiling african American young dad sit on couch hug cute little daughter chatting or talking, happy black father spend time having conversation with funny preschooler child, enjoy weekend together
MCCARTY V. FARIED “Questions Presented: Family Law. Child Support. Income Exceeding Guidelines. Whether the trial court properly included projected expenses in the child’s reasonable needs when establishing an initial child support order for a high income parent.” Father is an NBA basketball player earning a salary of $1,434,665 and an additional $197,240 in endorsements. Mother,...
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Little girl mixing cherries in the cake batter with her mother
CARVER V. CARVER Mother and Father, each collecting disability, had a child with Down Syndrome and significant health issues. The parties agreed to pay child support per the Kentucky guidelines, but Father never made any payments to Mother for support of the child. Via Domestic Relations Commissioner, the trial court held a hearing on child...
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Grandparent
CHADWICK V. FLORA, ET AL. Grandmother appealed an order finding she was not a de facto custodian of her grandchild. The order also denied her motion for custody and visitation. Grandmother’s first argument on appeal is that the trial court erred in finding she did not met the KRS 403.270(1)(a) standard for a de facto...
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Charging Cable
WEDDING V. HARMON, ET AL. Father shared private co-parenting emails between the parties (Mother and Father) with teachers, other parents, and relatives. After holding a hearing, the trial court entered an injunction ordering Father not to forward others private email communications between the parties. Father appealed arguing the order unconstitutionally infringed his right to freedom...
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Mother and son in bedroom spend some quality time
BROOKS V. BYRD Mother filed an appeal from a custody order while a post-judgment motion was pending. After the filing of the appeal, the trial court ruled on the post-judgment motion entering findings of facts, conclusions of law, and a custody/visitation order. Mother did not amend her notice of appeal and the post-judgment documents were...
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Panda Puzzle
EVANS V.HESS, ET AL. The Kentucky Court of Appeals addressed three appeals stemming from the same Boone Family Court post-dissolution case: 2013-CA-002072-ME The first appeal filed by Father challenges the court’s subject-matter jurisdiction, custody modification, and child support modification. Father first argues the Kentucky court lacked subject-matter jurisdiction because the Petition was filed in Kentucky...
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Law Books
E.Y. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Mother appealed trial court’s dependency adjudication arguing that as dependency was not alleged in the Petition, the trial court did not have the authority to make a finding of dependency. The mother did not raise the issue at the trial court level,...
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