It is difficult enough to keep track of the “to be published” decisions. Yet here is the digest of this “not to be published” decision as the Kentucky Supreme Court has accepted discretionary review. Pennington v. Marcum, 2006 WL 2194903 (Ky. App.) Issues and Holdings:Read More
Gaskill v. Robbins, __ S.W.3d __ (Ky. App. 2006), 2006 WL 3524380 (Ky. App.) Not final, motion for reconsideration pending. Issues and Holdings:Read More
This case is not yet final. Gibson v. Gibson, __ S.W.3d __ (Ky. App. 2006), 2006 WL 3751413 (Ky. App.) Issue: If both parents and child relocate from Kentucky where the original orders of custody and child support were entered, does Kentucky retain jurisdiction to then modify the orders and/or to enforce the orders?Read More
This case is not yet final. Vanwinkle v. Petry, __ S.W.3d __ (Ky. App. 2007), 2007 WL 121965 (Ky. App.) Trial Court ordered that Grandparents were to approve any change in Mother’s visitation with children, though Mother and Father shared joint custody. Trial Court also, sua sponte, increased maternal grandparents’ visitation with minor grandchildren from...Read More
Note: This “to be published” case is not final; a motion for discretionary review has been filed: Massey v. Massey, __ S.W.3d __ (Ky. App. 2006), 2006 WL 2517525 (Ky. App. Issues and Holdings: 1) Whether a maintenance order that is subject to modification is an open-ended award rather than lump sum. The Court held...Read More
Note: This case is not final; a motion for discretionary review has been filed. Kimbrough v. Com, __ S.W.3d __ (Ky. App. 2006), 2006 WL 2034015 (Ky. App.) Issues and Holdings: 1) Whether the child support statute that provided a deduction from a parent’s gross income for an “imputed child support obligation” violated equal protection....Read More
This case is not yet final. K.R.L. v. P.A.C., __ S.W.3d __ (Ky. App. 2006), 2006 WL 3459727 (Ky. App.) At the trial court level, Mother petitioned the court to terminate Father’s parental rights, claiming in the petition that Father had abandoned Son for nearly two years and failed to provide essential care for Son....Read More
Hinshaw v. Hinshaw, __ S.W.3d __ (Ky. App. 2006), 2006 WL 2519221 (Ky. App.) This is Hinshaw #1, motion for discretionary review pending. Issues and Holdings: 1) Whether the former husband could have custody rights to former wife’s child even though he was not the child’s biological father. The Court held yes, the former husband...Read More
Editor’s note: This case is now final, and we will update post with SW3d cite when available. Robinson v. Robinson, __ S.W.3d __ (Ky. App. 2006), 2006 WL 3460123 (Ky. App.) Issue and Holding: Whether the trial court had the jurisdiction to modify the custody decree regarding one parent’s wish to relocate with the children....Read More
