This case is now final; SW3d cite will be supplied when available. This is Hinshaw # 2, not to be confused with Hinshaw #!, in which a motion for discretionary review is pending. Hinshaw v. Hinshaw, __ S.W.3d __ (Ky. App. 2006), 2006 WL 3334040 (Ky. App.)Read More
Tomorrow you will find a blitz of recent Kentucky family law cases posted that have not previously been digested on this site. This does not indicate a shift in editorial policy to publish summaries and links only when a case is final unless newsworthy or tickles our fancy. The cases had to be digested anyway...Read More
The Kentucky Law Blog has issued a call for the most significant Kentucky decisions of 2006, and we’ll give the cases in this post the nod for family law. In fact, however, there are several other cases that are as signifant or more important where discretionary review or rehearing has been sought, so are not...Read More
Brockman v. Craig, 205 S.W.3d 244 (Ky. App. 2006) Issues and Holdings: 1) Whether a parent, who spends more time with child than the other parent, can claim the status of primary residential parent for purposes of determining the standard to apply to a motion to relocate. The Court held no, the parent cannot claim...Read More
N.T.G. v. Commonwealth, 185 S.W.3d 218 (Ky.App. 2006) Issue and Holding: Whether a juvenile court can probate a sentence of detention for a juvenile under the age of 14, when a juvenile under the age of 14 cannot be sentenced to detention. The Court held no, a juvenile court cannot probate a juvenile to a...Read More
Com., Cabinet for Health and Family Services v. C.V. et al., 192 S.W.3d 703 (Ky.App. 2006) Issue and Holding: Whether the trial court erred in finding that the Cabinet was required to amend its permanency goal in district court prior to filing a petition for termination of parental rights. The Court held yes, the trial...Read More
Com., Cabinet for Health and Family Services ex rel. A.W. and C.W. v. Huddleston et al., 185 S.W.3d 222 (Ky.App. 2006) Issue and Holding: Whether a Family Court can require the Cabinet to maintain residence for children committed to its care in a particular county. The Court held no, the Family Court cannot intervene in...Read More
Com., Cabinet for Health and Family Services v. A.A.W.K., et al., 199 S.W.3d 199 (Ky.App. 2006) Issue and Holding: Whether the Cabinet can appeal an order denying a petition to involuntarily terminate parental rights. The Court held no, KRS 625.110 does not allow such appeals. Facts: The Cabinet appealed from a family court order denying...Read More
