Wallace v. Wallace, –S.W.3d –(Ky. App. 2007) Issues and Holdings: 1. Whether under the UCCJEA Kentucky has jurisdiction to modify the visitation order as to all, none, or only the oldest child, who has resided in Kentucky for a period exceeding six months. The Court held that the trial court had continuing jurisdiction to modify...Read More

BOONE V. BALLINGER___S.W.3d___(Ky. App. 2007) De facto custodian; doctrine of waiver and estoppel; Rebuttable presumption of paternity; Marital property (401k account) 2006-CA-001257 TO BE PUBLISHED: REVERSING AND REMANDING (ABRAMSON) DATE RENDERED: 5/4/2007Read More

Manning v. Willett, –S.W.3d – (Ky. App. 2007) Issue and Holding: Whether the district court erred in entering, sua sponte, an order for a mutual domestic violence order. The Court held yes, as the domestic violence statutes do not provide for mutual domestic violence orders under the factual scenario in the instant case.Read More

Goldsmith v. Bennett-Goldsmith, –S.W.3d – (Ky. App. 2007)Read More

Here’s an outline I presented at two consecutive LBA/AAML seminars:Read More

Rankin v. Coffman. UPDATE: Discretionary review granted by Kentucky Supreme Court August 15, 2007. Issue and Holding: Whether the trial court had subject matter jurisdiction in a modification of child custody case. The Court held no, the trial court did not have proper subject matter jurisdiction.Read More

Shown v. Shown, 2004-CA-000988-MR. Discretionary review granted June 7, 2006; not for publication by operation of CR 76.28(4). Here’s the digest of the Court of Appeals decision: Issue and Holding: Whether husband’s entire Kentucky Teacher’s Retirement Account is exempt from division as marital property pursuant to KRS 161.700. The Court held yes, such retirement is...Read More

Horvath v. Horvath, 2004-CA-002591-MR, designated not to be published, discretionary review granted 4/11/2007 Here’s the digest of the Court of Appeals decision:Read More

Thomas v. Thomas, 2004 CA-001997-MR, designated not to be published, discretionary review granted. Issue and Holding: Whether the trial court erred in denying wife an evidentiary hearing and adopting the Domestic Relations Commissioner’s four year old recommended findings of fact and conclusions of law. The Court held no, either party could have requested that the...Read More

Thanks to Michael Stevens for letting us know at Kentucky Cases that a list of pending cases in which discretionary review has been granted by the Kentucky Supreme Court is available online. We have already digested all but two of the family law cases, and those will be coming shortly.Read More