Fowler v. Sowers, 151 SW3d 357 (Ky.App., 2004) Although Fenwick was decided after the 2001 changes to KRS 403.340, the Court acknowledged its decision was based on the older version because that version was in effect at the time of the entry of the order under review. A contemplated move to Alaska three years after...Read More
Thanks to Rob Robertson of Austin, TX for his ABA Family Law listserve posting suggesting the use of a new beta google calendaring utility in which parents can share a calendar for each child’s activites. The more parents can share information about their children, the better. And, when it is just too difficult to communicate...Read More
Chief Judge Stephen George gave an excellent presentation on relocation at the AAML/LBA seminar last week,” Fenwick, Dead or Alive?” We have made an editorial decision, though, not to report on judges’ comments on this blog. The ABA Family Law Advocate features relocation as the subject of its most recent edition and contains a good...Read More
Goff v. Goff, 172 SW3d 352 (Ky., 2005) Applying the UCCJA, Kentucky had subject matter jurisdiction to enter the initial custody decree, but was without continuing jurisdiction to modify it because Tennessee was unquestionably the home state of the child. Parties were married in Tennessee (June 1996) and purchased a home in Nashville. Less than...Read More
Allen v. Devine, 178 SW3d 517 (Ky.App., 2005) Once a finding is made that persons are de facto custodians, they then are on equal footing and court must then determine best interest. Blood relationship is but one of many factors for the trial court to consider.Read More
Crossfield v. Crossfield, 155 SW3d 743 (Ky.App., 2005) Change of residential parent within two years of custody decree requires supporting affidavits and finding of endangerment or placement with de facto custodian.Read More
Gullion v. Gullion, 163 SW3d 888 (Ky., 2005) Affidavits are not required for CR 59 motions. Upon remand the trial court is directed to consider only evidence in existence at the time of trial. A custody modification cannot be requested until there is a final custody order to modify.Read More
Joe H. Brown, PhD, Professor, University of Louisville Kent School of Social Work and Director of the Families in Transition Program announced at the AAML/LBA seminar a new program funded with a sizeable grant from The Bureau of Justice Administration. The goals of the program include helping high conflict divorced parents create parenting plans and...Read More
Andy Wolfson reports in today’s Courier Journal that three justices may retire before the expiration of their terms this year, permitting Gov. Fletcher to appoint replacements. I have been a long term critic of subjecting our judges to the elective process. Mr. Wolfson didn’t emplasize the fact that Gov. FLetcher’s appointees will be limited to...Read More
Michael Stevens’ KentuckyLawBlog, KyCases, and LouisvilleLawWire have been of enormous help to the bar, providing a much needed (and free!) service of publicizing appellate opinions. We all owe him a big thanks. This blog will not duplicate his efforts. We are working on a grouping of published family law cases which we will keep updated...Read More
