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Case Law – Kentucky
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D.L.B. v. Commonwealth http://opinions.kycourts.net/coa/2019-CA-001168.pdf Father appealed a finding that he physically abused his son. The caption of Father’s notice of appeal listed “In re: [D.L.B., IV, a minor child” and “Commonwealth of Kentucky, Cabinet for Health and Family Services” as Petitioners. The body of the notice of appeal named Father as the appellant and “the...
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Stacked Books
Ridgeway v. Warren http://opinions.kycourts.net/coa/2019-CA-001207.pdf Mother moved Family Court to enter an order allowing her to enroll Child at a private school due to Child experiencing academic difficulties in her parochial school, to apply for financial aid, and asking that Father be required to assist in the financial aid application process. Father objected, citing concerns, such...
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B.S.S. v. K.S.   Child was born to Mother and Father while Mother and Father were married. Later, Mother and Father separated, and Mother petitioned for dissolution of marriage and moved for temporary sole custody of Child. In her motion, she alleged that Father was under investigation by the Cabinet for Health and Family Services...
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Power of Attorney
M. v. Allen County Attorney’s Office, et al.   Father appealed Family Court’s dispositional order in a Dependency, Neglect, and Abuse (“DNA”) matter. Father did not name the Cabinet for Health and Family Services (“the Cabinet”) as a party to the appeal. Father failed to respond to the Court of Appeals’ Order requiring him to...
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Colorful Blocks
Hoskins v. Elliott, et al.   On February 11, 2017, Mother left her nine-month-old Child with Elliott to babysit for the weekend and until Mother went to scheduled court appearances. For quite some time, Mother did not reappear, and Child became sick. Elliott did not have the legal authority to take Child to the doctor....
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Baby Feet
Turner v. Hodge, et al.   Child was born in March of 2005 to Murphy and Hodge, who were unmarried. In 2015, Hodge’s paternity was established, and a child support obligation was set on the same day. Turner, until Hodge’s paternity was established, believed that her son, Jeffrey, was Child’s father, and Child lived with...
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Pink Piggy Bank
Lage, et al. v. Esterle   Mother entered a maternity home to give birth, bringing along her two-year-old Twins. A Volunteer at the maternity home and her Husband agreed to care for the Twins while Mother gave birth and recovered. The parties agreed the Twins would stay with Volunteer and Husband for four months, which...
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Compass
Roper v. Roper  Opinion modified 1/17/2020 On appeal in a dissolution action, Husband argues that Trial Court erred (1) in hearing the case after Husband, Wife, and Children moved to Texas, as it no longer had jurisdiction; (2) in the way it divided the parties’ property; (3) in awarding Wife maintenance; (4) in modifying the...
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Child on Father's Shoulders
Brannock v. Brannock   Husband and Wife were divorced, and Family Court incorporated the parties’ marital settlement agreement (“MSA”) into the decree. The MSA provided that Husband would pay Wife $1,000.00 per month in child support. It also provided that the provisions could not be modified unless done so in a writing signed by both...
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K.S. v. Cabinet for Health and Family Services, et al.   The Cabinet for Health and Family Services (“the Cabinet”) filed DNA petitions for two children of Mother and Father alleging Father abused one child and placed the other at risk of harm or neglect due to the alleged abuse. After the parents’ third child...
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