Storm v. Mullins, 199 S.W.3d 156 (Ky., 2006) Issues and Holdings: 1. Whether the consent to custody form, signed by the mother, was sufficient to establish the mother’s consent to the paternal grandparents’ adoption of the children. The Supreme Court held that such form was not sufficient. 2. Whether the one-year statute of limitations period...Read More

Com., Cabinet for Health & Family Services ex rel. M.H. v. R.H., 199 S.W.3d 201 (Ky.App., 2006) Issue and Holding: Whether the doctrine of issue preclusion applied to bar the Cabinet from introducing evidence of prior sexual abuse perpetrated against siblings of the infant by the parents at an adjudication hearing regarding the removal of...Read More

Denzik v. Denzik, 197 S.W.3d 108 (Ky., 2006)Read More

Issue and Holding: Whether one who is not a parent but who has nevertheless participated substantially in the support and rearing of a child for a significant period of time has standing to claim a right of custody or visitation upon discontinuance of the cohabitational relationship with the parent. The Court held no, such person...Read More

Issue and Holding: Whether the Cabinet for Health and Family Services failed to offer sufficient evidence to support a finding of medical and educational neglect. The Court found that the Cabinet failed to present sufficient evidence.Read More

On Monday the Kentucky Law Blog published a list of Court of Appeals family law decisions announced October 13, 2006. Kentucky Cases posted the Kentucky Court of Appeals October 27, 2006 minutes that very day, and posted here the minutes from October 20, 2006 and here the minutes from October 13, 2006.Read More

The Relationship of Biology to Legal Fatherhood: Two New Cases Show Courts Struggling to Find a Coherent Approach, As Non-Biological Fathers Fight for Their Rights to ChildrenRead More

After the Kentucky Court of Appeals decided Blue v. Blue, 60 S.W.3d 575 (Ky. App. 2001), we wondered whether there were any circumstances that could cause an ante-nuptial agreement to be declared unconsionable. Now we have one. In an opinion rendered September 21, 2006, Lane v. Lane, the Kentucky Supreme Court reversed the Court of...Read More

The Kentucky Court of Appeals affirmed today, in a published opinion, Hinshaw v. Hinshaw, an award of joint custody to a father who was not told until after the divorce petition was filed that he was not the father of his son. Because our office is involved with this case, that’s all we will say...Read More

Much ado has been made over the Kentucky Supreme Court footnote 16 in Lisa Baker v. Ernie Fletcher, but on June 15, 2006, (now final) it appears that another gratuitous footnote was made. In B.F. v. T.D., the same-sex custody case based on the defacto custodian statute, at footnote 1, the court says “We also...Read More