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 The Court of Appeals' unpublished opinion is here.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
Harrison v. Leach. Reversed and remanded to Court of Appeals, as it may not sua sponte raise issue of standing, as standing is waived if not timely pled. A determination of the effect, if any, of the repeal of KRS 403.420 upon the ability of a nonparent who is not also a de facto custodian to...Read More
Mitchell v. Mitchell, 2009-CA-001856-MR Published: Reversing County: Fayette Appellant appealed from Circuit Court Order awarding Appellee attorney fees, expert fees, and costs incurred as a result of his motion to modify maintenance. The CA agreed with argument that TC lacked jurisdiction to enter the Order and reversed.Read More
Hallis v. Hallis, orders modifying child support and deviating from guidelines affirmed. Pro se litigant must demonstrate good faith effort to comply with CR 76.12, but brief in this case was not stricken. Coleman v. Coleman, denial of motion to modify custody vacated and remanded where court refused to hear testimony of child. Digests to follow.Read More
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