A digest of Hearld v. Hearld, custody jurisdiction under UCCJEA, will be posted soonRead More

No to be published family law decisions were released by the Kentucky Supreme Court yesterday. Discretionary review was granted in Mullins v. Picklesimer, (child custody, lesbian partner of biological mother). The Court of Appeals opinion is here and our digest is here. Discretionary review was also granted in Mauldin v.Read More

A thoughtful comment was posted to Murphy v.Murphy, digested here. As comments can be almost lost below the fold, I thought this one From Donald W. Aaron in Florence deserved posting in its entirety. I was in the courtroom for this case when the wife appeared pro se and requested that the judge vacate his...Read More

L.J.P. v. Cabinet for Health and Family Services, _ S.W.3d _ (Ky. App. 2008) 2008 WL 4998635Read More

YOUNG V. CARRAN 2008-CA-000082 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; KELLER AND WINE CONCUR COUNTY: KENTON DATE RENDERED: 10/24/2008 Mom sought to maintain a private cause of action against Dad’s law firm for violation of HIPAA for the inadvertent disclosure of her medical and psychiatric records to Dad in child custody litigation. TC granted summary judgment....Read More

PENNINGTON V. MARCUM 2006-SC-000642-DG PUBLISHED: AFFIRMING NOBLE PRESIDING COUNTY: BOYD DATE RENDERED: 10/23/2008 In this relocation case, SC addressed the nature of child custody, the effects of relocations, and when and how motions relating to relocation after a custody award should be brought.Read More

FRANCES V. FRANCES 2007-SC-000076-DGE PUBLISHED: AFFIRMING NOBLE PRESIDING COUNTY: TRIGG DATE RENDERED: 10/23/2008Read More

Frances v. Frances involves relocation issues arising prior to the entry of a final custody decree. These were also the facts in Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). The Kentucky Supreme Court now recognizes that the effect of relocation must be viewed in light of whether it occurs pre- or post-decree. In making...Read More

Murphy v. Murphy, –S.W.3d – (Ky. App. 2008), 2007-CA-002298-ME The parties shared joint custody and equal parenting time of their three children. More than a year after the parties’ last interaction with the court, the father moved to modify custody. He mailed the motion/notice to the mother’s attorney of record. The mother’s attorney of record...Read More