Pennington v. Marcum, decided today by the Kentucky Supreme Court. Congratulations to Martha Rosenberg! I dreaded reading Justice Cunningham’s dissent, only to find him cite the “prestigious” AAML and our model relocation act as guidelines that could have given courts greater guidance than best interests. A good day! We will post more on the case...Read More

Grant v. Lynn, grandparent visitation to parents of children’s deceased mother affirmed as in the best interest of the children, KRS 405.021 not unconstitutional as alleged and standards of appellate practice for pro se litigants.Read More

Murphy v. Murphy, –S.W.3d – (Ky. App. 2008), 2007-CA-002298-ME The parties shared joint custody and equal parenting time of their three children. More than a year after the parties’ last interaction with the court, the father moved to modify custody. He mailed the motion/notice to the mother’s attorney of record. The mother’s attorney of record...Read More

Murphy v. Murphy, trial court reversed because motion to change custody served on lawyer did not effectuate service on party and insufficient findings made. Digest to follow.Read More

T.A.N. v. M.J. 2007-CA-002584 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCUR COUNTY: JEFFERSON DATE RENDERED: 9/26/2008 Mother appealed TC’s order providing additional parenting time to her ex-boyfriend, Father.Read More

Fehr v. Fehr,reversed in part, affirmed in part and remanded in part. This part affirmed: 1. A court with in personam jurisdiction and subject matter jurisdiction over a dissolution action may declare the parties’ interests in foreign land. However, consistent with the limitations on the court’s jurisdiction, to enforce a foreign decree so as to...Read More

BRAUSCH V. BRAUSCH 2007-CA-002198 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; VANMETER, HENRY CONCUR COUNTY: KENTON DATE RENDERED: 9/12/2008 Dad appealed from TC’s order awarding child support (“CS”) to Mom, arguing that TC miscalculated CS owed; TC erroneously refused to abate CS during his summer parenting time; and TC should have included the earned income tax credit...Read More

CAMERON V. CAMERON ABROGATION OF MARITAL SETTLEMENT AGREEMENT 2007-SC-000105-DG PUBLISHED: AFFIRMING CUNNINGHAM PRESIDING COUNTY: NICHOLAS DATE RENDERED: 9/18/2008 Ex-Husband appealed TC’s Order that separation agreement was not abrogated during period of alleged reconciliation and that agreement was not unconscionable.Read More

MARSHALL V. COM. 2007-CA-001320 PUBLISHED: VACATING AND REMANDING PANEL: TAYLOR PRESIDING; CLAYTON, MOORE CONCUR COUNTY: GRAVES DATE RENDERED: 8/28/2008 Father appealed TC’s order revoking his conditional discharge upon offense of flagrant nonsupport.Read More

T.A.M. v. M.J., custody and additional visitation in paternity case. Digest to follow.Read More